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US Military's Alleged Power to Use Lethal Force on Americans

Former White House Chief of Staff, John Kelly, who served under Donald Trump, has issued sharp criticism against the former president, describing him as aligning with the definition of fascism. Kelly, who worked closely with Trump during his presidency in 2018, also implied that Trump harbors an admiration for Hitler. He warned that if Trump […]

US Military's Alleged Power to Use Lethal Force on Americans
US Military's Alleged Power to Use Lethal Force on Americans

Former White House Chief of Staff, John Kelly, who served under Donald Trump, has issued sharp criticism against the former president, describing him as aligning with the definition of fascism. Kelly, who worked closely with Trump during his presidency in 2018, also implied that Trump harbors an admiration for Hitler. He warned that if Trump were to regain power, he might govern in a manner reminiscent of the notorious dictator.

Kelly’s warning follows Trump’s recent controversial comments on Fox News, where the former president labeled domestic threats in the U.S. as more dangerous than foreign adversaries like China and Russia. When asked about potential chaos on Election Day, Trump suggested that a “smart president” could handle such situations, even hinting at the military’s involvement if necessary to maintain order. “It should be very easily handled by, if necessary, the National Guard or, if really necessary, the military,” Trump said.

The Controversy Around DoD Directive 5240.01

Amid these political discussions, focus has also shifted to the Biden-Harris administration with accusations arising from the far-right regarding an updated Department of Defense Directive, known as 5240.01. This directive, initially issued in 2007 and recently revised, has sparked significant concern online. Some claim that it gives the U.S. government unprecedented power to use lethal force against American citizens on U.S. soil.

Social media, particularly far-right corners, has seen a surge in posts accusing the current administration of pushing through the updated directive to give the Pentagon authority to target Americans. These accusations claim that the Biden-Harris administration is following the same path that Trump was accused of taking—preparing to use military force against its citizens.

Examining the ‘Lethal Force’ Clause

The updated directive includes a clause allowing the Secretary of Defense to approve assistance in situations where lethal force might be necessary. This could involve providing support to civilian law enforcement in situations where confrontation is expected. The updated language in the directive has stirred fear among conspiracy theorists, with some interpreting it as a plan for assassinations on U.S. soil.

Former Congressman Ron Paul contributed to these fears by stating on his Liberty Report show that this directive turns the U.S. into a “police state.” Similar concerns were raised by Republican Congressman Andy Harris, who warned that the Democrats were doing exactly what they accused Trump of planning—using military force after an election under the guise of a national emergency.

Pentagon and Experts Clarify the Misconceptions

In response to these conspiracy theories, Pentagon spokesperson Sue Gough clarified the issue. She explained that the directive is not new and does not authorize the Secretary of Defense to use lethal force against American citizens. “The provisions in the directive are not new,” Gough said, adding that it doesn’t support the allegations circulating on social media.

Experts also weighed in on the matter. Joseph Nunn, a lawyer with the Liberty & National Security Program at the Brennan Center for Justice, dismissed the rumors, stating that “there’s nothing here.” He further explained that the reference to lethal force simply clarifies that the military can assist law enforcement in situations where force might be required, but it doesn’t grant new powers.

Routine Update or Political Timing?

Questions have been raised about the timing of the directive’s revision, with critics pointing out that it was updated just weeks before the 2024 election. However, the Department of Defense emphasized that this was part of routine updates and not related to the upcoming election. Gough confirmed that “Reissuing 5240.01 was part of the normal business of the Department,” and not timed for any political purpose.

Risa Brooks, a political science professor, also supported this view, noting that updates to DoD regulations are common and do not signal any nefarious agenda. According to Brooks, the rumors circulating are politically motivated attempts to sow distrust in the military for partisan gain.

Directive vs. Posse Comitatus Act

Another point of contention has been whether the updated directive violates the Posse Comitatus Act, which prohibits federal troops from participating in civilian law enforcement unless specifically authorized by law. The Pentagon spokesperson reiterated that the directive remains consistent with the Posse Comitatus Act and civil rights protections.

Despite these reassurances, former Trump officials and right-wing figures continue to stoke fears. The debate highlights the growing mistrust in government institutions and the military, fueled by political rhetoric and misinformation.

While the revision of DoD Directive 5240.01 has sparked significant debate, military experts and the Pentagon have dismissed the claims of a hidden agenda. Instead, they emphasize that the update is part of standard administrative procedures and does not represent a threat to Americans’ civil liberties. Nevertheless, as Election Day approaches, the political climate remains tense, with both sides accusing each other of overstepping democratic boundaries.

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