Military judge commands the U.S. Army to divulge documents concerning Trump's contentious trip to Arlington Cemetery.
After the visit, the US Army expressed strong disagreement, stating that an employee of the cemetery was abruptly forced aside when attempting to enforce regulations prohibiting political activities inside the cemetery. The incident was reported to law enforcement, and the employee chose not to pursue charges. The Army declared the issue as closed, according to an Army spokesperson in August.
The rapid disclosure is a consequence of a lawsuit initiated by American Oversight, a non-partisan oversight organization advocating for the release of government documents. They filed a Freedom of Information Act request for any records concerning interactions between Trump campaign staff and the employee.
On Tuesday, Senior Judge Paul Friedman of the US District Court for the District of Columbia ordered the Army to produce relevant, non-exempt records by October 25, as per court documents.
CNN reached out to the Army and the Trump campaign for comments.
American Oversight submitted a FOIA request for any report, including the incident report with military police regarding the August 26 incident at Arlington, according to court documents.
Chioma Chukwu, the interim executive director of American Oversight, stated in a press release on Tuesday that as the presidential election approached, two weeks away, "the American people have a clear and compelling interest in knowing how the government responded to an alleged incident involving a major presidential candidate who has a history of politicizing the military."
"These records belong to the public, and we're pleased the court agreed on the need to expedite our request," Chukwu said. "We look forward to receiving the incident report and making it available to the public."
During the visit, Trump was accompanied by some family members of U.S. troops who were killed during the Afghanistan withdrawal in August 2021. The visit was criticized by certain veteran organizations, who claimed that it was inappropriate and a politicization of a sacred burial ground for U.S. service members. While the campaign shared a statement from the Gold Star family members Trump accompanied, stating that they had given their approval for President Trump’s official videographer and photographer to attend the event, some imagery resulting from the visit also included the graves of other service members whose families had not granted permission.
Trump campaign manager Chris LaCivita told CNN in August that the incident was a "disgrace" as a "despicable individual" attempted to "physically prevent President Trump’s team from accompanying him to this solemn event."
"Whoever this individual is spreading these lies are dishonoring the men and women of our armed forces, and they are disrespecting everyone who paid the price for defending our country," LaCivita said. The Trump campaign later shared a video on TikTok of the visit, showcasing Trump walking through the cemetery and visiting grave sites, with audio of him criticizing the administration of President Joe Biden for the "disaster" of the Afghanistan withdrawal.
Arlington and the US Army alleged that the campaign did not adhere to federal laws regarding political activity in the cemetery, particularly around Section 60, which is primarily reserved for the graves of those who served in Iraq and Afghanistan. The incident also led the Army to issue an unusually harsh rebuke of the Trump campaign.
"Participants in the August 26th ceremony and the subsequent Section 60 visit were made aware of federal laws, Army regulations and DoD policies, which clearly prohibit political activities on cemetery grounds,” an Army spokesperson said in late August. “An ANC (Arlington National Cemetery) employee who attempted to ensure adherence to these rules was abruptly pushed aside."
"This incident was unfortunate, and it is also unfortunate that the ANC employee and her professionalism has been unfairly attacked," the spokesperson said. "ANC is a national shrine to the honored dead of the Armed Forces, and its dedicated staff will continue to ensure public ceremonies are conducted with the dignity and respect the nation’s fallen deserve."
The controversy surrounding the political activities in Arlington National Cemetery led American Oversight to file a Freedom of Information Act request, seeking any records related to the incident with Trump campaign staff. The court then ordered the Army to produce relevant records by October 25, acknowledging the public's interest in knowing how the government handled this allegation of politicization, given its proximity to the presidential election.
