In rare move, Pentagon denies falsehood about troops allowed to use force during election

October 28th, 2024

FILE - The seal of the Department of Defense is seen on the podium at the Pentagon, Sept. 27, 2022, in Washington. The Pentagon says the U.S. is sending an additional “few thousand” troops to the Middle East to bolster security and to be prepared to defend Israel if necessary. (AP Photo/Alex Brandon, File)

In a rare move, the Pentagon strongly pushed back Thursday against misinformation spread on social media that falsely suggests U.S. troops have been authorized to use force against American citizens during the election.

The misinformation — spread online by former Trump administration national security adviser Michael Flynn and former presidential candidate Robert F. Kennedy Jr., among others — suggests that a Defense Department policy revision released in late September was timed to interfere with the Nov. 5 presidential election.

Use of force by federal troops on U.S. soil against U.S. civilians is against the law — except in cases of self-defense — and is outlined in the Posse Comitatus Act.

Kennedy, who ended his presidential bid and backed Republican former President Donald Trump, tweeted the false narrative to his 4 million followers. It falsely claims that President Joe Biden and Vice President Kamala Harris, the Democratic nominee, pushed through a Defense Department directive allowing lethal force against Americans who protest government policies.

The revision in question is Department of Defense Directive 5240.01, and it does not allow troops to use force on U.S. citizens. The timing of its release was not related to the election, Pentagon spokeswoman Sue Gough said.

“The policies concerning the use of force by DOD addressed in DoDD 5240.01 are not new, and do not authorize the DOD to use lethal force against U.S. citizens or people located inside the United States, contrary to rumors and rhetoric circulating on social media,” Gough said in a statement to The Associated Press.

The Pentagon regularly updates its directives. This update was intended to align the language on use of force from other policies into 5240.01, which only applies to defense intelligence personnel.

It describes what sort of support those personnel can provide to civilian law enforcement in situations where a confrontation or lethal use of force is likely.

Defense intelligence personnel can provide intelligence, analysis, training, equipment and even weapons to civilian authorities. But they are still restricted from using force themselves in those situations.