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Quick Take
The Department of Defense issued a standard policy revision in September to existing procedures for the intelligence community. Some social media accounts have misrepresented the language and timing of the update to falsely claim the military has been newly authorized “To Use Lethal Force On Americans!!”
Full Story
The Department of Defense published an updated policy on intelligence gathering on Sept. 27.
The update didn’t add any new rules or expand military authority. It just described some existing policy from other, related protocols about the use of force.
But some conservative influencers have misrepresented the revised policy, claiming that it “NOW includes the legal use of lethal force against civilians by the military,” or that the “US military was just ‘authorized to kill Americans on US soil.'”
Others have gone in a decidedly political direction, claiming: “DoD quietly expands military powers just weeks before the 2024 election,” and “Biden & Harris Authorize Military To Use Lethal Force On Americans!!”
An analysis from the University of Washington’s Center for an Informed Public shows that by Oct. 16 there were thousands of posts and engagements on both mainstream and more niche social media platforms. On that date, there were more than 250 new posts per 12-hour period on “alternative tech” platforms, such as Truth Social and Rumble.
But the claims in those posts weren’t true.
The policy at issue is Department of Defense Directive 5240.01, which sets procedures to be followed by Defense Department intelligence workers. The U.S. has 18 different intelligence units and nine of them are within the Defense Department, including the National Security Agency, the Defense Intelligence Agency and the intelligence offices for the various branches of the military.
“The previous revision of DoDD 5240.01 was issued on March 22, 2019,” Sue Gough, spokesperson for the Department of Defense, told us in an email. “Reissuing 5240.01 was part of normal business of the Department to periodically update guidance and policy.”
The procedure for reissuing policies like this involves five stages of development and review and takes at least six months, according to department instructions.
“The release was in no way timed in relation to the election or any other event,” Gough said.
Furthermore, the portion of the revised policy that’s the focus of most social media posts isn’t anything new.
Posts on this issue typically cite a paragraph specifying one of the situations in which the secretary of defense may approve a request for help from state or local law enforcement agencies.
The paragraph says the secretary may approve requests for (emphasis is ours): “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.”
The phrases “potential for lethality” and “lethal force” are often emphasized in social media posts.
While that language is new to DoDD 5240.01, “it does not represent any change to DoD’s policy regarding the use of lethal force, which is addressed in DoDD 5210.56, ‘Arming and the Use of Force,'” Gough said. “The revised 5240.01 simply describes how this long-standing policy applies to the DoD intelligence community.”
The purpose of that directive, among other things, is to establish “policy and standards” for “the use of force by DoD personnel.” It sets guidelines for when and how to use “less than deadly force” and when it is justified to use “deadly force.”
The full policy on use of force within the Department of Defense can be seen here. All of the department’s published policies can be seen here.
While use of military personnel within the U.S. has been rare, there have been some instances. In 1992, for example, seven U.S. Marines responded to a domestic violence call with two police officers in Los Angeles during riots there. A Brennan Center for Justice report on the issue published Oct. 2 recommended reigning in presidential authority to summon troops domestically.
But the recently revised Defense Department policy hasn’t added any such authority.
“Speculation about this directive appears to have significant resonance across multiple communities as the November 5 election draws close,” the University of Washington analysis concluded. “This evolving rumor may have the potential to translate to calls for action or offline mobilization: the implication that the US military is gearing up to crack down on election-related civil unrest may prime certain audiences to prepare for violence or confrontation with law enforcement in the aftermath of the election.”
Editor’s note: FactCheck.org is one of several organizations working with Meta to debunk misinformation shared on social media. Our previous stories can be found here. Meta has no control over our editorial content.
Sources
Department of Defense. Directive 5240.01. 27 Sep 2024.
University of Washington. Center for an Informed Public. “Rumors rapidly spreading about reissued Department of Defense Directive 5240.01.” 18 Oct 2024.
Congressional Research Service. “Defense Primer: National and Defense Intelligence.” 22 Apr 2024.
Department of Defense. Instruction 5025.01. 7 Jun 2023.
Gough, Sue. Spokesperson, U.S. Department of Defense. Email to FactCheck.org. 23 Oct 2024.
U.S. Department of Defense. Directive 5210.56. 18 Nov 2016.
Superville, Darlene, Tim Sullivan and Aaron Morrison. “Trump threatens military force against protesters nationwide.” Associated Press. 2 Jun 2020.
Schmitt, Eric, et al. “Esper Breaks With Trump on Using Troops Against Protesters.” New York Times. Updated 9 Nov 2020.
Nunn, Joseph. “Limiting the Military’s Role in Law Enforcement.” Brennan Center for Justice. 2 Oct 2024.