OUTRAGE: Bush*/GOP use of our troops in fund-raising! This is personal!

[wndycty]

Some of you may remember that two years ago while stationed at Baghdad International Airport my nephew, who was a cook in the Army, was photographed next to the president as he served Thanksgiving turkey to the troops. Well it appears a photo of that moment has worked its way into a calendar that the GOP is sending out to its donors accompanied by a letter from Laura Bush asking for a $25.00.

To refresh your memory a photo from that day is below:

Please note: This is not the photo that appears in the calendar, however its a similar shot, taken from a different angle.

My family first learned of the existence of this calendar when my sister-in-law received a copy of it from a friend/co-worker who said her mom is a GOP donor and received it in the mail and (get this) asked if my nephew would be so kind as to sign it. Of course this made its way through the family grapevine very quickly and the calendar was a popular topic of conversation as it was passed around during Thanksgiving dinner. My nephew, who is no longer in the Army and currently a college student with a 3.5+ GPA(can you tell I'm a proud uncle?), joked that he wants to be paid for his appearance. We joked about how to deal with it, one cousin joked that we photoshop it, I recommended that when he signs the copy for the GOP donor he writes that he did not volunteer to take his photo with *.

I doubt there is anything illegal in using this photo in the GOP fund-raising calendar, however its very disturbing. My nephew is not a political person, he enlisted in the Army to provide for his family (he has two small children)and to fund his college education. As with many of our young soldiers he was excited and flattered to meet the Commander in Chief and it did not matter if it was George Bush, Jimmy Carter, Bill Clinton or Ronald Reagan. I remembered the mixed feelings the family, especially my sister-in-law, had when local news media covered the story 2 years ago, we hated the war, distrusted the president (hell I was working for regime change, leading Wes Clark's efforts in Illinois), but we were excited for my nephew.

The most appalling thing about this photo was the fact that while my nephew was a cook, he spent most of his time in Iraq loading ammunition on helicopters while the fine folks of Kellog Brown and Root worked in the kitchen. He had not been working in the kitchen when this pic was taken, but for some reason they saw fit to put him on the chow line.

My nephew volunteered to serve his country and now he is involuntarily serving the Republican party. . .it just ain't right.

[praxiz]

1. Get a bigger version of the pic and I'll photoshop it in ...

... whatever way you want :-)

[wndycty]

13. LOL, that would be fun. . .

. . .

[bigbrother05]

2. I,m not a legal person

but I think if he didn't give him permission to use the photo, he should file a restraining order.
Or ask for a percentage of the donations.
This is not right.
Good luck

[wndycty]

I'm sure there are some rules about this pic being in the public domain

. . .who knows.

[MSgt213]

3. The DoD policy says members of the military cannot engage in this type

of activity, but its apparently legal for the President, First Lady and the GOP to do it in the reverse without fear of violating the law. Something is very unethical about this.

4. POLICY

It is DoD policy to encourage members of the Armed Forces (hereafter referred to as "members") to carry out the obligations of citizenship. While on active duty, however, members are prohibited from engaging in certain political activities. The following DoD policy shall apply:

4.1. General

4.1.1. A member on active duty may:

4.1.1.1. Register, vote, and express his or her personal opinion on political candidates and issues, but not as a representative of the Armed Forces.

4.1.1.2. Make monetary contributions to a political organization.

4.1.1.3. Attend partisan and nonpartisan political meetings, rallies, or conventions as a spectator when not in uniform.

4.1.2. A member on active duty shall not:

4.1.2.1. Use his or her official authority or influence for interfering with an election; affecting the course or outcome of an election; soliciting votes for a particular candidate or issue; or requiring or soliciting political contributions from others.

4.1.2.2. Be a candidate for, hold, or exercise the functions of civil office except as authorized in paragraphs 4.2. and 4.3., below.

4.1.2.3. Participate in partisan political management, campaigns, or conventions (unless attending a convention as a spectator when not in uniform).

4.1.2.4. Make campaign contributions to another member of the Armed Forces or an employee of the Federal Government.

4.1.3. Enclosure 3 provides examples of permissible and prohibited political activities. The examples in enclosure 3 do not supersede other specific requirements and policies, such as those established by this Directive and DoD Directives 5200.2 and 1325.6 (references (c) and (d)).

http://www.dtic.mil/whs/directives/corres/html2/d134410x.htm

E3.3. EXAMPLES OF PROHIBITED POLITICAL ACTIVITIES

In accordance with the statutory restrictions in 10 U.S.C. 973(b) (reference (b)) and references (g) and (h), and the policies established in section 4., above, of this Directive, a member on active duty shall not:

E3.3.1. Use official authority or influence to: interfere with an election, affect the course or outcome of an election, solicit votes for a particular candidate or issue, or require or solicit political contributions from others.

E3.3.2. Be a candidate for civil office in Federal, State, or local government, except as authorized in paragraph 4.2., above, of this Directive, or engage in public or organized soliciting of others to become partisan candidates for nomination or election to civil office.

E3.3.3. Participate in partisan political management, campaigns, or conventions (except as a spectator when not in uniform), or make public speeches in the course thereof.

E3.3.4. Make a contribution to another member of the Armed Forces or a civilian officer or employee of the United States for the purpose of promoting a political objective or cause, including a political campaign.

E3.3.5. Solicit or receive a contribution from another member of the Armed Forces or a civilian officer or employee of the United States for the purpose of promoting a political objective or cause, including a political campaign.

E3.3.6. Allow or cause to be published partisan political articles signed or written by the member that solicits votes for or against a partisan political party, candidate, or cause.

E3.3.7. Serve in any official capacity or be listed as a sponsor of a partisan political club.

E3.3.8. Speak before a partisan political gathering, including any gathering that promotes a partisan political party, candidate, or cause.

E3.3.9. Participate in any radio, television, or other program or group discussion as an advocate for or against of a partisan political party, candidate, or cause.

E3.3.10. Conduct a political opinion survey under the auspices of a partisan political group or distribute partisan political literature.

E3.3.11. Use contemptuous words against the officeholders described in 10 U.S.C. 888 (reference (b)), or participate in activities proscribed by references (c) and (d).

E3.3.12. Perform clerical or other duties for a partisan political committee during a campaign or on an election day.

E3.3.13. Solicit or otherwise engage in fundraising activities in Federal offices or facilities, including military reservations, for a partisan political cause or candidate.

E3.3.14. March or ride in a partisan political parade.

E3.3.15. Display a large political sign, banner, or poster (as distinguished from a bumper sticker) on the top or side of a private vehicle.

E3.3.16. Participate in any organized effort to provide voters with transportation to the polls if the effort is organized by, or associated with, a partisan political party or candidate.

E3.3.17. Sell tickets for, or otherwise actively promote, political dinners and similar fundraising events.

E3.3.18. Attend partisan political events as an official representative of the Armed Forces.

E3.4. POLITICAL ACTIVITIES NOT EXPRESSLY PERMITTED OR PROHIBITED

Some activities not expressly prohibited may be contrary to the spirit and intent of section 4. of this Directive or section E3.3. of this enclosure. In determining whether an activity violates the traditional concept that Service members should not engage in partisan political activity, rules of reason and common sense shall apply. Any activity that may be viewed as associating the Department of Defense or the Department of Homeland Security, in the case of the Coast Guard, or any component of these Departments directly or indirectly with a partisan political activity shall be avoided.

http://www.dtic.mil/whs/directives/corres/html2/d134410x.htm#ce3

[markus]

4. Not a lawyer, BUT

I remember clearly from Media Law class (too) many years ago that incidental use of a person's image for non-news is not allowed without that persons permission. There was a landbank case in the 1960s involving a New York Times (Magazine?) cover photo.

He may in fact have grounds to be compensated, or more.

[wndycty]

8. Would this apply to others in the calendar. . .

. . .there are pics of Bush tutoring little kids, etc.

[Stephanie]

5. Another Abusive George Bush Photo-Op

That is a fascinating story that you should write up in further detail and get published in your local paper. Too me the worst part of the story is that your nephew was displaced by KB&R, not doing the job he was trained for, and then they put him back in place for the Photo-Op. That is outrageous on so many levels.

*edit - actually, write it up and submit it to the NY Times and WaPo.

[lonestarnot]

6. Permission had to have been granted by someone, namely the GI.

Could these people be THAT stupid?

[MSgt213]

7. I don't think the GI can give permission without violating the law.

[lonestarnot]

9. Guess they are THAT stupid.

[wndycty]

10. Do you think they can use it because he is no longer in the Army?

This happened in 2003 and it was held until the 2006 calendar, do you think it was an accident?

[lonestarnot]

15. MSgt213 says no. I am not familiar enough with UCMJ to know.

[MSgt213]

17. That's a good point, but my feelings are if it is wrong for the GI to use

his uniform to help why should the reverse be allowed. It all seems so wrong, no matter who is doing it.

[wndycty]

19. It does not sit right with me. . .

. . .but any kind of major push back has to come from him and his is focused on other things. He is not happy about it, but he is more concerned with his grade point average.

[lonestarnot]

20. ACLU might be interested enough to do all the work for him with one

phone call.

[wndycty]

27. I'll mention it, hope he doesn't get swift boated

:kick:

[lonestarnot]

28. I think America is seeing right through the swiftboat shit these days.

[lonestarnot]

22. But feelings not a good legal prosecution make.

[Stephanie]

12. Well for commercial use normally you would sign a release

I wonder if they are allowed to sell the nephew's image without his signed release?

[wndycty]

16. Well technically they are giving it away for free. . .

. . .it is my understanding that they are sending it out with a letter from Laura asking for $25.00 if the recipient does not send the money I don't believe they have to send it back.

[lonestarnot]

24. Definitely an exploitation issue.

[Frustratedlady]

11. You said...

"for some reason they saw fit to put him on the chow line."

Probably, because he falls into the category of US citizens where * only has a 2% favorable rating, but also because he is one handsome, clean cut man. I should think they would have at least asked his permission to use the photo or sent him a free calendar.

Good luck to your nephew. I'm glad he is home, safe and sound, and getting on with his life. Bless his heart.

[BleedingHeartPatriot]

14. K & R. We have had various discussions here about gwb's constant

use(abuse?) of the troops for photo ops.

Now, the GOP has coopted the troops for fundraising!?!?

I hope your nephew gets some resolution for this, either by removing his picture or compensation.

BTW, what a nice looking kid. I'm glad he made it back home and is doing well.

MKJ

[wndycty]

18. Compensation or removal would be great, but just drawing attention. . .

. . .to this disgusting action would be enough for me.

[praxiz]

21. What do you think of this?

If I had a bigger pic and more time I could make this much better

[wndycty]

23. LOL, I will have to forward that one to the family. . .LOL

:kick:

[praxiz]

25. Please do :) (nt)

[lonestarnot]

26. ewww, you didn't ask me, but I think it is fantisimo! fantastico and

stellarly brilliant.

[Supersedeas]

31. coattails....well done

[niallmac]

33. I am in awe of you photo shoppers.

Great job. I am spending my holiday time off getting acquainted with that soft ware.
Seems like a great tool for imps like me.

[robbedvoter]

29. Ya mean, worse than using 911 for fundraising?

remember the photo of W surveing the tragedy...from the plane that went for $250?

[wndycty]

30. Well this is a calendar, I will try to get my hands on it. . .

:kick:

[Straight Shooter]

32. Your nephew makes bush look like he's a very tiny man.

Praxiz's photoshop makes the point very well.

Your nephew is a handsome man and quite photogenic. Who knows where this may lead. The downside is that I think it's disingenuous for them to take him away from the loading artillery position to show him as a cook, because for some reason, at least to me, there are faint racist undertones. I also see two women of color and one white woman with a chef's hat. Maybe I'm overreacting, but it would have been nice to have a "white" chef and bush handing the dinnerplate to a person of color.

(To anyone who is offended by the term "person of color," I apologize. I like the term because, by comparison, it implies that white people have no color. For some reason, that pleases me.)

[sandnsea]

34. He could really embarrass them

I think this is one of those priceless moments. Even if he signed a release for the general media at the time, that is very different than signing an RNC fundraising release. I'll keep my guesses as to why they figured your nephew would never see the calendar to myself, but that's what I'm guessing. I don't think they can legally use that picture without his permission and the rucous he could cause is worth way more than any amount of money he could get. But I can certainly see where he might settle for a sizeable chunk of change too. He should get a very good lawyer ASAP, or contact Al Sharpton and Jesse Jackson. I can't believe the audacity of these people.

[roguevalley]

35. ask moveon to make a commercial about it.

[TheGunslinger]

36. Send a letter to the GOP address with an INVOICE inside!

[librechik]

39. yes, and point out he never signed a waiver and would not agree to his ima

geing used in Republican campaign materials!

PLEASE PLEASE PLEASE SUE if they don't do the right thing. THE GOP BROKE THE LAW AND MUST NOT BE ALLOWED TO GET AWAY WITH IT!


Get a lawyer!!!!! It's up to individuals to call them on their BS, the party won't do it. If we don't call them on the small things they will continue to rampage!

[chat_noir]

37. trial lawyers have been the target of Bushco - payback time?

Conference Mocks Trial Lawyers
White House Session on Limiting Lawsuits Shows Contempt

http://www.commondreams.org/headlines04/1216-01.htm

Bush v. Trial Lawyers

http://talkleft.com/new_archives/009864.html

Can Lawyer-Bashing Win Votes For Bush?

http://www.businessweek.com/magazine/content/04_37/c3899062_mz013.htm

just from first page of http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls=HPIC,HPIC:2005-21,HPIC:en&q=Bush+trial+lawyers

[peacebaby3]

38. Members of the military don't have the same rights as you and I.

My husband is one of them. He was in Iraq the same time your nephew was wndycty, but he wasn't invited to the big Turkey Day event that year. It didn't bother him at all. He was glad he wouldn't have to pretend to like the CIC. He has been in over 19 yrs. and used to be very a-political as well (as many military personnel are - believe it or not), but serving in Iraq changed him some. He pays more attention now. He wasn't able to get his voter registration changed quick enough after he got back from Iraq (we moved shortly after he came back) so he drove 6 hours to vote for Kerry.

I wouldn't be surprised if your nephew didn't have to give permission for his image to be used under the circumstances, BUT it sure would be a great statement if he held several press conferences saying how much he disliked his image being used by the GOP to raise money. Also he could discuss how he was asked to stand on the chow line even though he had been used to load ammunition. (As I'm sure you know, using the soldiers for other MOS's they have not been trained for has been a huge problem) I would never even mention he do this if he was still in because I know what could happen if he spoke out while still serving, but since he is out, they shouldn't be able to retaliate near as much. Is he receiving any benefits from the government? If he is in school under the GI Bill, you might want to consider that, but they would have a really hard time doing or saying much of anything, IMHO.

Good luck to your nephew! Tell him thanks for serving and even a bigger thanks for getting a good education and working hard to keep a 3.5 GPA. What's his major?

[wndycty]

40. I'm not sure of the major, but my father is tutoring him . . .

. . .in political science (he is getting an A) so I think he is no longer a-political, my dad speaks the truth! All you need to know about my dad is he is a Black man, and a veteran, raised in Selma Al, in the 40's and 50's!

[peacebaby3]

41. Until recently I lived just a few miles from Selma, AL!

I actually was in the year 2000 anniversary of the Selma to Montgomery March when Bill Clinton flew in. I've got to say it was so moving marching across the Edmund Pettus Bridge so many years later arm and arm with people of all races, ethnicities, and cultures. I worked some on the historic trail that goes down Hwy. 80 connecting Selma to Montgomery.

Glad to hear your nephew is no longer a-political. We need bright people on-board!

Your dad sounds like a great and admirable man. Bless him.