Use of lethal force in a reasonably anticipated confrontation
What exactly qualifies as reasonable in a reasonably anticipated confrontation?
Please go to this document DOD Directive 5240.01 effective September 27, 2024.
Then go to page 13, section 3.3a.(2).(c).
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
(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:
(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.
The words ‘reasonably anticipated’ are the ones that truly bother me. What qualifies as reasonable? Decided by whom?
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