What are the rules for filming at Arlington National Cemetery?
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Former President Trump looks on during a wreath laying ceremony at the Tomb of the Unknown Soldier at Arlington National Cemetery on Aug. 26, 2024, in Arlington, Va. Photo: Anna Moneymaker/Getty Images
The Trump campaign's visit to Arlington National Cemetery is testing the limits of laws meant to prevent hallowed site from being used for political purposes following an apparent altercation Monday with cemetery staff.
The big picture: The details remain debated, but NPR reports two aides "had a verbal and physical altercation" with a cemetery official trying to enforce rules against using the setting for political purposes. The Trump campaign insists it was "granted access to have a photographer" on the grounds.
- The Arlington official declined to press charges for fear of retaliation from Trump supporters, the New York Times reported.
The latest: An Army spokesperson confirmed in a statement that an employee was "abruptly pushed aside" when trying to "ensure adherence" to the site's rules.
- "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," the statement continued.
- The spokesperson added, "the incident was unfortunate, and it is also unfortunate that the ANC employee and her professionalism has been unfairly attacked."
- The statement also confirmed the employee decided not to press charges, adding that the matter is now closed.
What are the cemetery's rules around filming?
Photography is generally allowed, and photos taken by visitors do not require a release, per the cemetery's use policy.
Yes, but: There are more strict guidelines — mandated in part by federal law — for members of the media or commercial or political filming.
- "Filming or photographing will not be permitted if it conveys the impression that cemetery officials or any visitor or family member is endorsing any product, service or organization," an official media policy memo reads.
- It continues, "Additionally, ANC will not authorize any filming for partisan, political or fundraising purposes," citing the Hatch Act, which governs how federal employees can weigh in on political activities.
- The memo specifically cites 32 CFR 553, which states, among other guidelines, that "Memorial services and ceremonies at Army National Military Cemeteries will not include partisan political activities."
It's not entirely clear what is considered an election-related activity.
- Both Trump and Utah Gov. Spencer Cox, who joined Trump and others at the Virginia cemetery, are running for office.
Zoom in: Cemetery officials "told Trump's team that he could come in his personal capacity and bring personal aides, but not campaign staff," the Washington Post reports.
- A cemetery employee "tried to enforce the rules as provided to her by blocking Trump's team from bringing cameras to the graves of U.S. service members killed in recent years," the Post continued. "A larger male campaign aide insisted the camera was allowed and pushed past the cemetery employee, leaving her shocked."
Trump spokesperson Steven Cheung shared in a post on X what appears to be an approval for "an official photographer and/or videographer" outside of the main media pool.
- But, as ABC News noted, campaign officials were also taking photos and videos that day.
Why was Trump there?
The former president was attending a wreath-laying ceremony remembering the third anniversary of a suicide bombing in Afghanistan that killed 13 U.S. service members as American forces withdrew from the country.
- The State Department's report found poor planning during both the Trump and Biden administrations contributed to the chaotic withdrawal.
- Trump has repeatedly blamed the Biden administration, saying at a separate event Monday, "Caused by Kamala Harris, Joe Biden, the humiliation in Afghanistan set off the collapse of American credibility and respect all around the world."
The cemetery's events and ceremonies page says "wreath layings by ... public figures and organizations take place at the Tomb or at the scores of other memorials throughout the cemetery," noting the "most solemn ceremonies" occur when the president or a designee lays a wreath at the Tomb of the Unknown Soldier.
Where did the incident occur?
An official tried to stop staffers from filming and photographing in an area of the cemetery known as Section 60, where recent casualties are buried, NPR reported.
- A video shared to Trump's TikTok page showed a series of clips from his visit, including footage from Section 60.
- The post is captioned, "Should have never happened" and is overlayed by music and Trump's voice.
- "We didn't lose one person in 18 months," he says in the video. "And then they took over."
Friction point: VoteVets, a liberal veterans group, responded to the TikTok on X, writing, "His deplorable acts know no bounds."
- In a separate post, the group said Trump was using footage and photos his campaign took at the cemetery "for political purposes -- against the rules and laws that govern this hallowed ground."
Zoom in: The sister of Master Sgt. Andrew Marckesano, whose grave is adjacent to the grave of Staff Sergeant Darin Taylor Hoover — a Marine who was killed in the 2021 Abbey Gate bombing — told the New York Times that according to their conversations with the cemetery, "Trump campaign staffers did not adhere to the rules that were set in place for this visit to Staff Sergeant Hoover's gravesite in Section 60, which lays directly next to my brother's grave."
- Marckesano's grave could be clearly seen in photos from the visit that were published online, including one shared by Cox that showed Trump and others in the group smiling and giving a thumbs up.
The bottom line: Arlington officials had made clear that only cemetery staff members were authorized to take photographs or film in Section 60, NPR reported.
What we're watching: The Trump campaign told Axios it's "weighing options" on whether to release its footage of the altercation.
Go deeper: Gov. Spencer Cox's fundraising email adds scrutiny to Trump's disputed Arlington visit
Editor's note: The story had been updated with additional comment from the Army.
