6 Comments
founding

We can accept that it is the behavior we will see, but we do not have to accept the behavior.

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My view is that we should accept neither for the two are inseparable. We cannot even choose not to see because it is all around us and has become the paradigm in which we live. We can succumb or revolt. I prefer revolution.

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Thank you for the good work you are doing. I especially appreciate your attention to the desecration of the Arlington National Cemetery. I have written to my Senators and asked them to bring criminal and trespass charges against Trump and his thugs. I actually sent them Thom Hartman's words (with credit) because he said it so well: "Why aren’t the Department of Defense or the Department of Justice seeking criminal assault and trespass charges against the Trump staffers who assaulted an Arlington National Cemetery employee and then proceeded to use gravestones as end-tables and campaign props? And what about House Speaker and notorious white supremacist christian nationalist Mike Johnson’s role in setting the entire thing up in the first place? If the SecDef and AG are too timid, the Senate should convene a hearing next Tuesday to look into this desecration of America’s most sacred ground. Veterans and veterans’ groups of all stripes are outraged, and the groundswell is growing. Democratic senators, grow a spine!"

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One thing I haven't heard details on. There were 13 soldiers killed. The thumbs up photo showed 8 males and 3 females. Even if we assume that each soldier's family had only one representative (a stretch) there must have been at least 3 families who refused to participate for whatever reason. Has anyone heard from them about how they feel about their family loss being treated as a political photo op?

I did an analysis of the statute and associated federal regulations regarding this. The statutes themselves do not mention a ban on political activity. There is a mention in the CFRs. "Memorial services and ceremonies at Army National Military Cemeteries will not include partisan political activities." There is nothing about banning photography--no mention of photography at all other than in its definition of "media."

There is no mention in either of Section 60. But the Executive Director does have the authority to promulgate policies to preserve decorum. THOSE policies undoubtedly are enforceable, but it isn't clear how or what penalties are involved, nor is it clear that violation of the policies is "illegal" in the usual sense.

None of this is said here to defend trump. I point it out to show the difficulties the Army might have in going after trump for this clear desecration, particularly the idea of photography in Section 60. Complaining they are failing to do so doesn't consider the complexities of the way the law is written, not the possibilities that the result might be just a slap on the wrist because there are no teeth for this in the statute. Perhaps all they can come up with is a misdemeanor.

This is all also in aid of pointing out that there is a LOT of despicable conduct that has no real remedy in law. Breaking "norms" has no remedy. We can only look at such breakage and react with something WITH teeth if Congress is willing.

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founding

Perhaps I should have said it was the behavior we would see, but not implied we should be accepting of it. You are quite right. The fight is on.

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