While it’s possible for Donald Trump or Kamala Harris to authorize the use of military force on US soil, it’s not because of recent rumors involving the Department of Defense Directive 5240.01. Many skeptics are pointing to a change in the wording for the DoDD and its odd timing before Election Day 2024; however, these amendments are commonplace. Just because there’s an election, doesn’t mean the government stops. Learn more about the change and when the government can use military force on American soil.

Conspiracies Spread About the Government Authorizing Military Force on Citizens

With Donald Trump talking about the use of the military against the "enemy from within" on Election Day, speculation involving a plan for Kamala Harris to use military force if she becomes President, and several misinformation efforts ongoing—there’s just a lot going on.

The DoD Directive 5240.01 that was updated in September 2024—more on that later—is believed to have been changed as a threat to right-wing voters, which isn’t why the change was implemented.

Misconceptions surrounding extreme political scenarios and the killing of American citizens are spreading. Let’s try to make some sense of things:

DoD Directive 5240.01

On September 27, 2024, DoD Directive 5240.01 was updated for the first time since 2020. This is a common occurrence with DoD Directives, which are one type of DoD Issuance. Typically, Directives are ten pages or less.

Keep in mind that DoD Directives don’t grant new powers to the military. They must abide by US law.

As for DoD Directive 5240.01 specifically, it’s about military intel. The new changes revolve around helping provide intelligence to civilian law enforcement agencies.

At the heart of the concern is the phrasing that allows “lethal force;” however, it’s in a section referring to approval of providing intelligence, which must come from the Secretary of Defense.

In layman’s terms, if there is a situation in which military intelligence is provided to civilian law enforcement when the use of lethal force is expected to be a realistic possibility, the Secretary of Defense must approve it.

But don’t take my word for it, here’s the literal quote from the document:

“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.”

There are a ton of scenarios in which this might apply but think more anti-terrorism and less civil protesting.

The Legality of Deploying American Troops on US Soil

Not only does DoD Directive 5240.01 not authorize the use of military force on civilians, but it wasn’t the only one updated recently.

Furthermore, if anything, lethal force by the military is arguably restricted more if anything.

False claims online stated that the DoDD went against the Posse Comitatus Act, a law keeping the military out of civilian law enforcement; however, the DoD is pointing out that the change helps the military remain in compliance with the bill.

Even more so, if the military would be used by Trump or Harris—or any President for that matter—it would be allowable due to the Insurrection Act.

There have been threats under the Trump administration to get rid of the Insurrection Act, which took place during the Black Lives Matter protests in 2020.

The Insurrection Act of 1807 is actual legislation that can be used to allow the military to deploy as civilian law enforcement.

Interestingly enough, since it’s applicable during times of extreme unrest, the legislation allows for bypassing civilian protections provided by the Posse Comitatus Act.

Calls to reign in the Insurrection Act have come from The Brennan Center, particularly because of Trump’s comments about using the military along the border and his stance on immigration.

TLDR: The Insurrection Act allows the use of military force against citizens during extreme moments of civil unrest but the DoD Directive 5240.01 does not.

Misinformation Campaigns Continue

From falsehoods about legitimate voting practices that almost hindered the votes of those in the military to lies about Hurricane Helene, misinformation campaigns are still raging on.

The Internet is a powerful tool but if not used properly, the power wielded can be used for many negative agendas.

There’s a difference between being skeptical and willingly spreading lies because it fits your personal agenda.

Elections can bring out a ton of emotions on all sides but it’s critical to stop, verify, and use critical thinking to avoid helping the spread of misinformation.

Whether or not Donald Trump or Kamala Harris becomes POTUS, it’s not impossible for either to deploy troops on US soil legally. Yet, the changes to the DoD Directive 5240.01 aren’t aiming to invoke violence upon Americans.

Suggested reads:

• Karshi Khanabad Air Base Veterans May Be Eligible for Expedited Claims
• The Insurrection Act Could Call You to Act Against Your Neighbor: Here's Why
• Trump and Harris Battle Over North Carolina Swing State’s Military Vote
  

Sources:

FREQUENTLY ASKED QUESTIONS ABOUT DoD ISSUANCES, ESD. Accessed October 2024. https://www.esd.whs.mil/Portals/54/Documents/DD/iss_process/FAQs.pdf

DOD DIRECTIVE 5240.01, ESD. Accessed October 2024. https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodd/524001p.pdf