Biden’s Use of the Marines Violated Long-Standing Federal Policies and Regulations
President Joe Biden’s speech in Philadelphia has produced sharply different responses from the media. On CNN, it was praised as a rallying cry for patriots. On conservatives sites, it was denounced as hateful and divisive. For many of us, however, the optics was a glaring distraction with the intense red background and prominently placed Marines framing the President. The use of the Marines and the Marine band raised concerns given the clearly political purpose of the speech. Indeed, the networks did not view the speech as an address to the nation and refused to give the White House primetime slots.
While White House press secretary Karine Jean-Pierre assured the media that “it’s not a political speech,” it was unabashedly political from calls to get the vote out to direct attacks on “MAGA Republicans” and Donald Trump. That again raised the legal questions over the use of the Marines in such a speech. Even CNN flagged the concern over the use of the Marines and CNN chief White House correspondent Kaitlan Collins stated the obvious that “it was a very political speech.”
The optics of the speech instantly became a source of Internet chatter with the weird red background that made the President look like he was giving a stump speech from Dante’s Inferno. Indeed, it almost had that High Chancellor Adam Sutler look from V for Vendetta. (The comparison ultimately did not end with just the optics. Sutler warned his inner circle that “every day…brings us closer to November” and “I want this country to realize that we stand on the edge of oblivion. I want every man, woman and child to understand how close we are to chaos…to remember why they need us!”).
However, it was the use of the Marine guards that most stood out — framing the President as he declared Trump supporters to be a threat to democracy . Biden denounced “MAGA Republicans” thirteen times as well as repeated references to his past and possible future political opponent, Donald Trump.
The speech was obviously political, as noted by CNN’s Collins, as a “full frontal attack” on his political opponents.
The United States has long drawn a line between the work of federal employees in public service and the use of such employees for political purposes. The Hatch Act was passed in 1939 to curtail the political activities of civilian federal employees.
The Marine Corps expressly forbids personnel from being used or participating in such political events.
“Active duty members will not engage in partisan political activities, and all military personnel will avoid the inference that their political activities imply or appear to imply DoD sponsorship, approval, or endorsement of a political candidate, campaign, or cause.”
The other services have also drawn a bright line against such appearances. Army officials, for example, stress that their rules bar such involvement because “actual or perceived partisanship could undermine the legitimacy of the military profession and department.”
In Department of Defense Directive 1344.10 the long list of prohibited involvement in political events include:
“Attend partisan political events as an official representative of the Armed Forces, except as a member of a joint Armed Forces color guard at the opening ceremonies of the national conventions of the Republican, Democratic, or other political parties recognized by the Federal Elections Committee or as otherwise authorized by the Secretary concerned.”
There are obviously gray areas for a president who is necessarily accompanied by members of the military. Moreover, drawing the line between what is a presidential address and what is a political speech is often difficult. Presidents are politicians and often use official statements to slam their critics or opponents. Such events often have color guards and military bands.
The enforcement of such rules are also rather anemic. Even violation of the Hatch Act are routinely brushed aside by presidents and both the Biden and Trump administrations have violated the Act in the past.
Yet, what is interesting is the relative silence of many in the media on the use of these Marines as virtual nutcracker props for a political speech. The media overwhelmingly condemned President Trump for his picture in front of St. John’s Church after the clearing of Lafayette Park in 2020. While the media falsely claimed that the park was cleared for the photo ed, many criticized the photo with military and law enforcement officials as inappropriate. Later, Gen. Mark A. Milley, apologized for being in the photo, declaring “My presence in that moment and in that environment created a perception of the military involved in domestic politics.”
https://jonathanturley.org/2022/09/04/semper-sigh-bidens-use-of-the-marines-violated-long-standing-federal-policies-and-regulations/