Cemetery Controversy

Trump draws ire of unbiased press - we checked the law

The left/media/TDS sufferers are outraged that former President Donald Trump visited Arlington National Cemetery on Monday. Trump was there to pay respects (and in fairness bring attention to) the 13 American soldiers who were killed at the Abbey Gate during the withdrawal from Afghanistan.

Trump accompanied the families of several of the soldiers who were killed on that chaotic day to an annual memorial ceremony. According to a statement made by the families, they requested Donald Trump’s presence at the annual memorial ceremony.

He brought a photographer and videographer, but the press was not at the event. It was a private ceremony.  Wreaths were laid and photos were taken in Section 60 of the cemetery. That is the section currently being filled with soldiers killed in our nation’s recent wars.

Trump staffer Steven Cheung said in a Twitter post that they were allowed to bring a photographer and cited a portion of an email indicating the same.

A staff member from Arlington National Cemetery approached the Trump party and tried to prevent them from taking pictures in front of the graves. The staffer stated that only Arlington employees could take pictures in that section. The thought that a staffer would prevent the family of a deceased veteran from taking photos in front of his tombstone with an invited guest who happens to be the former President of the United States seems incredible. A confrontation ensued, details are in dispute, but the staffer’s orders were ignored.

the offensive photo

Media outrage ensued. The former president went with families that he had befriended over the years and took photos. It was claimed that Trump’s actions were a violation of the law. NPR quoted “the cemetery” as making the following statement:

"Federal law prohibits political campaign or election-related activities within Army National Military Cemeteries, to include photographers, content creators or any other persons attending for purposes, or in direct support of a partisan political candidate's campaign,"

This seems like an unusual statement. First, its unattributed to a person or press office. Second, it is somewhat poorly worded, and it would be a surprise to see “content creator” in federal statutes.

We took a look at the federal law pertaining to events at Arlington. There are actually two. 38 US Code 2413 prohibits certain demonstrations and disruptions at Arlington. It essentially states that you cannot picket, give a speech, hand out leaflets, etc. without the permission of the cemetery superintendent. It does not appear to apply to this incident.

The second law is more pertinent. 32 CFR 553.32 addresses the conduct of memorial services and ceremonies. Here it is in its entirety:

(a) The Executive Director shall ensure the sanctity of public and private memorial and ceremonial events.

(b) All memorial services and ceremonies within Army National Military Cemeteries, other than official ceremonies, shall be purely memorial in purpose and may be dedicated only to:

(1) The memory of all those interred, inurned, or memorialized in Army National Military Cemeteries;

(2) The memory of all those who died in the military service of the United States while serving during a particular conflict or while serving in a particular military unit or units; or

(3) The memory of the individual or individuals to be interred, inurned, or memorialized at the particular site at which the service or ceremony is held.

(c) Memorial services and ceremonies at Army National Military Cemeteries will not include partisan political activities.

(d) Private memorial services may be closed to the media and public as determined by the decedent's primary next of kin.

(e) Public memorial services and public wreath-laying ceremonies shall be open to all members of the public to observe.

As you can see neither law mentions photographers or content creators. The only pertinent and potentially controversial line is “purely memorial in purpose” as Trump likely knew that the visit would draw attention to the Afghan withdrawal debacle. The poorly worded statement attributed to Arlington Cemetery did not seem to comport with the text of the law.

We decided to contact them to ensure the NPR quote was an official statement from Karen Durham-Aguilera, Executive Director of Arlington or another employee at the cemetery. Media Chief Rebecca Wardwell was nice enough to get back to us confirming that the quote was in fact “ANC’s statement that can be attributed to Arlington National Cemetery”. Kind of repetitive but we guess that is what they are going with. Wardwell declined to elaborate on the photography policy in Section 60.

We took a look at Arlington’s website to see if there were any prohibitions on photography. This is all we found:

Photography is permitted within the grounds of Arlington National Cemetery. Photographers who are members of news organizations need to make arrangements for a media escort by contacting the ANC Public Affairs Office at 703-614-0024.
We ask media and cemetery visitors to respect the solemnity of Arlington National Cemetery by refraining from taking pictures of or filming someone who is visibly mourning. Please ask for permission to film or photograph those visiting a gravesite.

The claim that photographs are not permitted in Section 60 is not indicated on the special message regarding that section on their website.

Was Trump going to use these photos and video later in his campaign? Probably. Was this a campaign event? No. It was a memorial ceremony. There was no rally, no press conference, no speech decrying or supporting a particular policy. The faux outrage at Trump’s appearance is par for the course. The media spin is now an everyday occurrence.

If you believe that Trump should have denied the request made by the families of the fallen soldier and not appeared, we will have to disagree. Perhaps leaving the photographer behind would have been advisable, but the photos were turned over to the families and they no doubt appreciate them. To say that this is a moral outrage is more Trump Derangement Syndrome nonsense.

On a side note... You know who did give a campaign speech at Arlington Cemetary recently. One Joseph Robinette Biden. On November 11, 2023, Biden appeared at the Veteran’s Day Ceremony. He did not take a photo and leave. He gave a speech. To the media.

His speech gave credit and honor to the deceased veterans of the United States. It also

• Touted his writing and passing of the PACT Act, which gives benefits to veterans.

• Explained his expansion of VA health benefits.

• Advised attendees (and everyone watching on TV or reading his press releases) that he was expanding services for homeless veterans.

• Touted Jill Biden’s work with “Joining Forces”, a program aimed at providing financial opportunities to the families of veterans.

• Advised that he is working to ensure all veterans, including LGBTQ+ soldiers, are treated fairly.

Joe Biden had announced that he was running for re-election on April 25, 2023. This Arlington address sounds like a campaign speech. Where was the outrage?

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