The Department of Defense is Busy Issuing Directives

On September 27, 2024, DOD issued DIRECTIVE 5240.01.

5240.01 – really?

Our fat fed is beyond dumb. But it’s getting more dangerous.  DOD DIRECTIVE 5240.01 sounds like the usual bureaucratic nonsense, until you get to the “lethal” force part.  

This Directive states that “(1) The Secretary of Defense may approve any type of requested permissible assistance described in Paragraph 3.2….

5. (c) Assistance in responding with assets with potential for lethality, or any situation in which it is reasonably foreseeable that providing the requested assistance may involve the use of force that is likely to result in lethal force, including death or serious bodily injury. It also includes all support to civilian law enforcement officials in situations where a confrontation between civilian law enforcement and civilian individuals or groups is reasonably anticipated. Such use of force must be in accordance with DoDD 5210.56, potentially as further restricted based on the specifics of the requested support. (d) Provision or use of DoD unmanned systems in the United States except as delegated by the Secretary of Defense pursuant to the October 31, 2023 Secretary of Defense Memorandum.”

Isn’t this the very definition of the “deep state” aka tyranny – the unelected, big, bloated megalomaniacs using our taxpayer funded military to use lethal force against Americans?

It’s the same secretary with the "strange" scandal, Lloyd Austin.

“Releasability: Cleared for public release. Reissues and Cancels: DoD Directive 5240.01, “DoD Intelligence Activities,” August 27, 2007, as amended Incorporates and Cancels: DoD 5240.1-R, “Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons,” December 7, 1982, as amended Approved by: Kathleen H. Hicks, Deputy Secretary of Defense.”

DoD Intelligence Components? Who talks like this?

Directive 5240.01 states:

SECTION 1: GENERAL ISSUANCE INFORMATION yaddayaddayadda

SECTION 2: RESPONSIBILITIES

1.1.              APPLICABILITY.

1.2.              POLICY. Big important blahblahblah

SECTION 3: DEFENSE INTELLIGENCE COMPONENT ASSISTANCE TO LAW ENFORCEMENT AGENCIES AND OTHER CIVIL AUTHORITIES

3.1. GENERAL PRINCIPLES.

a. Defense Intelligence Components may provide intelligence and nonintelligence assistance to other DoD Components, including DoD law enforcement, on the same terms under which all other DoD Components assist each other. Defense Intelligence Components must consider command relationships; Section 1535 of Title 31, U.S.C. (also known and referred to in this issuance as the “Economy Act”) support agreements; Section 1385 of Title 18, U.S.C. (also known as the “Posse Comitatus Act”); and any other applicable law and policies. When performing missions or functions other than foreign intelligence or CI, Defense Intelligence Components will comply with DoD policy applicable to DoD non-intelligence organizations and any specific operational parameters specified by DoD policy for that mission or function.

b. A Defense Intelligence Component may undertake intelligence activities for the primary purpose of furthering its mission or function, or to assist the intelligence mission or functions of another element of the IC within a Federal law enforcement agency. When there is a question as to whether such assistance is undertaken for the primary purpose of furthering the Defense Intelligence mission or function, the Defense Intelligence Component head or a delegee will resolve the matter after consultation with the servicing legal office.

c. This section does not apply to:

(1) DoD Intelligence Component assistance provided in accordance with DoDD 3025.18, DoDI 3025.20, or DoDI 3025.21, as a provision of such assistance is not an intelligence activity.

(2) Defense Intelligence Component  assistance to DoD law enforcement, except as provided in Paragraph 3.1.a.

(3) Defense Intelligence Component assistance concerning the protection of the President, Vice President, and other designated dignitaries pursuant to Public Law 94-524, also known as the “Presidential Protection Assistance Act,” which will be approved in accordance with Enclosure 3 of DoDI 3025.21 and DoDI 3025.19.

               (4) Defense Intelligence Component assistance to foreign law enforcement.

               (5) Sensitive support activities, which are governed by DoDD S-5210.36.

               (6) Disseminations in accordance with Paragraph 3.4. of DoDM 5240.01.

(7) DoD Component assistance provided in accordance with DoDI 3000.14.

3.2. PERMISSIBLE ASSISTANCE.

a. In accordance with Section 2.6 of E.O. 12333, as amended, unless otherwise precluded by such E.O. or applicable law, Presidential directive, other E.O., or policy, and except as indicated in Paragraphs 1.1.b. and 3.1. of this issuance, the following Defense Intelligence Component intelligence assistance to any Federal department or agency, including a Federal law enforcement agency, or to a State or local law enforcement agency when lives are in danger, are authorized:

(1) Cooperating with appropriate law enforcement agencies to protect the IC’s employees, information, property, and facilities of any element.

(2) Unless otherwise precluded by law or E.O. 12333, participating in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers or their agents, international terrorist activities, or international narcotics activities.

(3) Providing specialized equipment, technical knowledge, or assistance of expert personnel for use by any Federal department or agency, or when lives are endangered, to support State and local law enforcement agencies. The Defense Intelligence Component’s legal office, subject to Paragraph 2.2.c., will approve assistance from expert personnel in each case.

(4) When lives are in danger, rendering any other lawful assistance to law enforcement agencies or other civil authorities provided such assistance is consistent with, and has been approved by an official pursuant to Section 2 of this issuance. Such official will ensure that the legal office of the providing DoD Component concurs in such assistance.

(5) Dissemination of intelligence information where such information may be relevant to a violation of any Federal or State law within the recipient’s jurisdiction, in accordance with Section 271 of Title 10, U.S.C. (6) Disseminating lawfully collected information reasonably believed to indicate a violation of Federal, State, local, or foreign laws, in accordance with the August 22, 1995 Memorandum of Understanding between the DoD and the Department of Justice, or other applicable memorandums of understanding. b. Assistance described in Paragraph 3.1.a. c. Defense Intelligence Component personnel providing intelligence assistance to law enforcement agencies or other civil authorities will conduct such assistance in accordance with this issuance. Such personnel are prohibited from collecting, retaining, or disseminating U.S. persons’ information during such assistance except when pursuant to DoDM 5240.01. Any incidentally acquired U.S. persons’ information reasonably believed to indicate a violation of Federal law must be provided to civilian law enforcement officials in accordance with E.O. 12333, as amended, and DoDM 5240.01.

a.       Secretary of Defense Approval. (1) The Secretary of Defense may approve any type of requested permissible assistance described in Paragraph 3.2.

b.       (2) The decision to approve requests for these types of permissible assistance described in Paragraph 3.2. to law enforcement agencies and other civil authorities are reserved to the Secretary of Defense:

(a) Provision of personnel to support response efforts for civil disturbances, which may also require Presidential authorization.

(b) DoD response to chemical, biological, radiological, nuclear, and high-yield explosive incidents.

(c) Assistance in responding with assets with potential for lethality, or any situation in which it is reasonably foreseeable that providing the requested assistance may involve the use of force that is likely to result in lethal force, including death or serious bodily injury. It also includes all support to civilian law enforcement officials in situations where a confrontation between civilian law enforcement and civilian individuals or groups is reasonably anticipated. Such use of force must be in accordance with DoDD 5210.56, potentially as further restricted based on the specifics of the requested support. (d) Provision or use of DoD unmanned systems in the United States except as delegated by the Secretary of Defense pursuant to the October 31, 2023 Secretary of Defense Memorandum

3.3. LEVELS OF AUTHORITY. Subject to Paragraph 3.1., Defense Intelligence Components may provide personnel to assist a Federal department or agency, including a Federal law enforcement agency, or a State or local law enforcement agency when lives are in danger, in response to a request for such assistance, in accordance with the following approval authorities:

        a. Secretary of Defense Approval.

                       (1) The Secretary of Defense may approve any type of requested permissible assistance described in Paragraph 3.2.

                       (2) The decision to approve requests for these types of permissible assistance described in Paragraph 3.2. to law enforcement agencies and other civil authorities are reserved to the Secretary of Defense:

                                      (a) Provision of personnel to support response efforts for civil disturbances, which may also require Presidential authorization.

                                      (b) DoD response to chemical, biological, radiological, nuclear, and high-yield explosive incidents.

                                      (c) Assistance in responding with assets with potential for lethality, or any situation in which it is reasonably foreseeable that providing the requested assistance may involve the use of force that is likely to result in lethal force, including death or serious bodily injury. It also includes all support to civilian law enforcement officials in situations where a confrontation between civilian law enforcement and civilian individuals or groups is reasonably anticipated. Such use of force must be in accordance with DoDD 5210.56, potentially as further restricted based on the specifics of the requested support. (d) Provision or use of DoD unmanned systems in the United States except as delegated by the Secretary of Defense pursuant to the October 31, 2023 Secretary of Defense Memorandum. b. USD(I&S) Approval. For matters not reserved to the Secretary of Defense in Paragraph 3.3.a.(2), the decision to approve requests for the types of permissible assistance described in Paragraph 3.2. to law enforcement agencies and other civil authorities is reserved to the USD(I&S). Coordination with the Under Secretary of Defense for Policy is required if: (1) The number of requested personnel exceeds 20 people. (2) The duration of the requested assistance exceeds 30 days.

3.4. APPROVAL CONSIDERATIONS.

a. Approval of requests for permissible assistance described in Paragraph 3.2. may be provided on a case-by-case basis, or may be provided for a particular type of assistance or operation that must be conducted in accordance with DoDM 5240.01.

b. The legal office responsible, subject to Paragraph 2.2.c., for advising the approval authority must determine the assistance may be provided lawfully. c. The approval authority will consider these factors:

         (1) Lethality. The extent to which the assistance to be provided involves the potential use of lethal force.

        (2) Risk. The threat that providing the assistance will pose to the safety of both the general public and the Defense Intelligence Components’ workforce, including any personnel providing the assistance and the potential compromise of critical information or sources and methods, as identified through the application of the operations security cycle outlined in National Security Presidential Memorandum 28, and as implemented in DoDD 5205.02E.

        (3) Cost. The source of the funding, mechanisms for reimbursement, and the effect of the provision of assistance on the Defense Intelligence Component’s budget. Such assistance may be provided on a non-reimbursable basis only if authorized by law and, if required, approved in accordance with this issuance. All requests for permissible assistance as described in Paragraph 3.2. will include a commitment to reimburse the DoD in accordance with the Economy Act or, in the case of a major disaster or emergency, Section 5121 of Title 42, U.S.C., also known as the “Stafford Act,” with three exceptions:

        (a) In accordance with Section 277 of Title 10, U.S.C., the Secretary of Defense may waive reimbursement for permissible assistance as described in Paragraph 3.2. that is provided to law enforcement authorities if such assistance is provided under Chapter 15 of Title 10, U.S.C., and:

                       1. Is provided in the normal course of military training or operations; or

                       2. Results in a benefit to the Defense Intelligence Component providing the assistance that is substantially equivalent to that which would otherwise be obtained from military operations or training.

        (b) The President may direct the Secretary of Defense to use DoD authorities and resources, without reimbursement, to have Defense Intelligence Components support a response to a major disaster or emergency pursuant to Sections 5170a and 5192 of Title 42, U.S.C.

        (c) Where non-reimbursable support may otherwise be provided lawfully.

        (4) Appropriateness. The extent to which the assistance is within the Defense Intelligence Component's competencies and capabilities.

        (5) Readiness. The extent to which providing the requested assistance may adversely impact the Defense Intelligence Component’s ability to perform its assigned missions and functions.

        (6) Scope. The number of people needed to carry out the assistance and the length of time the assistance will be required.

3.5. EXIGENT CIRCUMSTANCES.

When a person’s life or physical safety is reasonably believed to be in imminent danger and time does not permit a Defense Intelligence Component head to obtain approval from the USD(I&S) or the Secretary of Defense in accordance with Paragraph 3.3., the Defense Intelligence Component head is authorized to provide the requested intelligence assistance described in Paragraph 3.2. subject to these restrictions:

a. The Defense Intelligence Component will immediately report the details of the assistance to the USD(I&S) or to the Secretary of Defense, as appropriate. Defense intelligence assistance may not continue for longer than 72 hours without the approval of the USD(I&S) or the Secretary of Defense, as appropriate, consistent with the approval levels described in Paragraph 3.3.a. or Paragraph 3.3.b.

b. Defense Intelligence Component assistance will not be delayed or denied based solely on the requestor’s inability or unwillingness to commit to reimbursing the Defense Intelligence Component. However, before the assistance is provided, the Defense Intelligence Component head will indicate to the requestor that reimbursement, if required, is not being waived.

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