Biden Administration Did not Approve Directive Giving Pentagon Permission To Kill U.S. Protesters

On Oct. 23, 2024, Robert F. Kennedy Jr. claimed on X that the administration of U.S. President Joe Biden and Vice President Kamala Harris had “pushed via” a controversial government order (archived).

The previous unbiased presidential candidate, who suspended his marketing campaign to again former President Donald Trump, mentioned the 2 Democrats had signed off on a Division of Protection directive to present U.S. army belongings permission to make use of deadly pressure in opposition to protesting civilians.

That is the type of inflammatory poison that divides our nation and conjures up assassins. It is significantly ironic since Biden/Harris have simply pushed via DoD Directive 5240.01 giving the Pentagon energy — for the primary time in historical past — to make use of deadly pressure to kill Individuals on U.S. soil who protest authorities insurance policies. If you wish to perceive a politician, the phrases from her mouth have little relevance. Have a look at her toes.

The declare had been shared by a number of Republican politicians within the days prior. U.S. Rep. Andy Harris of Maryland referred to as the replace “worrisome” and “very scary” in an Oct. 16 interview with conservative broadcaster Newsmax. Likewise, former U.S. Rep. Ron Paul of Texas mentioned on an Oct. 14 podcast that the coverage would render the U.S. a “police state.”

The priority centered round a directive — No. 5240.01 — formally titled “DOD Intelligence and Intelligence-Associated Actions and Protection Intelligence Part Help to Legislation Enforcement Companies and Different Civil Authorities.”

In brief, the claims made by these politicians have been deceptive. Whereas the Biden administration did enact Directive 5240.01 in September 2024, the directive didn’t give all army belongings categorical permission to make use of deadly pressure in opposition to U.S. civilians. In truth, there are current legal guidelines and protections in place stopping such actions. Most notably, the Posse Comitatus Act, handed in 1878, bans the use of federal troops in civilian legislation enforcement, besides when expressly permitted by legislation.

In truth, DOD spokesperson Sue Gough mentioned through e-mail the coverage didn’t “authorize the DOD to make use of deadly pressure in opposition to U.S. residents or folks situated inside the USA, opposite to rumors and rhetoric circulating on social media.”

What Does Directive 5240.01 Do?

Explaining what the DOD directive really does requires a quick clarification on how the U.S. conducts intelligence and espionage.

In 1981, then-President Ronald Reagan handed Executive Order 12333, which established what is called the U.S. “intelligence group.” This can be a group of organizations all related to international and home intelligence throughout a number of federal authorities departments, together with Justice (the FBI) and Protection (the NSA, amongst others). 

In keeping with Directive 5240.01, it applies to “any DoD Part, when conducting the coaching of personnel to carry out intelligence duties or actions.” The directive refers back to the organizations of the U.S. intelligence group contained in the DOD. That listing of organizations contains the NSA and a number of other army intelligence companies, however not all the U.S. army. 

After itemizing procedural info, the directive then explains precisely how these “Protection Intelligence Elements” can present help to civilian (learn: nonmilitary) legislation enforcement companies, and who should authorize that help (emphasis ours):

Topic to Paragraph 3.1., Protection Intelligence Elements could present personnel to help a Federal division or company, together with a Federal legislation enforcement company, or a State or native legislation enforcement company when lives are at risk, in response to a request for such help, in accordance with the next approval authorities:

In different phrases, these directives are legitimate provided that there’s a life-threatening emergency and somebody requests help from the army intelligence companies. 

If these issues are true, somebody excessive up the chain of command should approve the requests for help. The directive continues by itemizing the 4 conditions through which the approval have to be given by the secretary of protection:

(1) The Secretary of Protection could approve any sort of requested permissible help described in Paragraph 3.2.
(2) The choice to approve requests for most of these permissible help described in Paragraph 3.2. to legislation enforcement companies and different civil authorities are reserved to the Secretary of Protection:
(a) Provision of personnel to help response efforts for civil disturbances, which can additionally require Presidential authorization.
(b) DOD response to chemical, organic, radiological, nuclear, and high-yield explosive incidents.
(c) Help in responding with belongings with potential for lethality, or any state of affairs through which it’s fairly foreseeable that offering the requested help could contain using pressure that’s prone to end in deadly pressure, together with dying or critical bodily harm. It additionally contains all help to civilian legislation enforcement officers in conditions the place a confrontation between civilian legislation enforcement and civilian people or teams within reason anticipated. Such use of pressure have to be in accordance with DoDD 5210.56, doubtlessly as additional restricted primarily based on the specifics of the requested help.
(d) Provision or use of DOD unmanned techniques in the USA besides as delegated by the Secretary of Protection pursuant to the Oct. 31, 2023 Secretary of Protection Memorandum.

Of concern to Republican politicians was bullet level C above.

The confusion got here from the very fact the instruction combines an approval for conditions that “could contain using pressure that’s prone to end in deadly pressure” with “conditions the place a confrontation between civilian legislation enforcement and civilian people or teams within reason anticipated.”

The wording of that paragraph creates two methods to interpret the instruction. One, because the Republican politicians claimed, implies that army intelligence providers are approved to reply to confrontations between legislation enforcement and civilians as if they could require a deadly use of pressure and with army belongings which have authorization to kill.

Nevertheless, the bullet level additionally could be cut up up into the next two directions:

Help in responding with belongings with potential for lethality, or any state of affairs through which it’s fairly foreseeable that offering the requested help could contain using pressure that’s prone to end in deadly pressure, together with dying or critical bodily harm. 

It additionally contains all help to civilian legislation enforcement officers in conditions the place a confrontation between civilian legislation enforcement and civilian people or teams within reason anticipated. Such use of pressure have to be in accordance with DoDD 5210.56, doubtlessly as additional restricted primarily based on the specifics of the requested help.

On this interpretation, the secretary of protection should authorize any help supplied by U.S. army intelligence providers that includes any “[military] belongings with potential for lethality” or “help … in conditions the place a confrontation between civilian legislation enforcement and civilian people or teams within reason anticipated.” 

A Second Directive

Moreover, underneath this guideline, the army should abide by a separate directive, 5210.56, that units out guidelines and restrictions for how you can use pressure. Gough, the DOD spokeswoman, referenced that separate doc straight. 

“Whereas the paragraph that is been most ceaselessly referenced on social media is new to this directive, it doesn’t mirror any change to DOD’s coverage concerning using deadly pressure by DOD personnel,” she mentioned. “That’s addressed in DoDD 5210.56, ‘Arming and the Use of Power.'”

In that doc, personnel are instructed to all the time use “lower than lethal pressure” if potential — utilizing “lethal pressure” is permitted solely as a final resort in instances of self-defense or to guard vital national-security belongings. 

In keeping with The War Horse, a nonprofit information group that covers the “human affect of army service,” different army coverage specialists famous that the army has been approved to supply a restricted quantity of help to legislation enforcement companies for a very long time.

Sources