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USA TODAY

Judge orders Pentagon to release records of Trump controversial Arlington Cemetery visit

Josh Meyer, USA TODAY
Updated
4 min read

WASHINGTON ? A federal judge on Tuesday ordered Army officials to release internal records regarding former President Donald Trump’s controversial August visit to Arlington National Cemetery by the end of the week.

Judge Paul Friedman of the U.S. District Court for the District of Columbia granted the request Monday in response to a lawsuit brought by American Oversight, a non-partisan group dedicated to getting the government to release records. He signed the order Tuesday, the group said.

American Oversight said it sued for the rapid release of military records, including any incident reports from the Aug. 26 incident, following a Freedom of Information Act (FOIA) request.

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“With the election just 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,” Chioma Chukwu, the group’s interim executive director, said in a statement following the order.

The judge’s ruling stems from Trump’s visit to the U.S. military cemetery for a wreath-laying ceremony honoring 13 soldiers who were killed in Afghanistan during the U.S. military's withdrawal from the country.

A cemetery official trying to enforce rules against political campaign activity at the site and was "abruptly pushed aside" by Trump staffers, according to an Army statement. The Cemetery official contacted police but ultimately decided not to press charges.

American Oversight said in a news release Tuesday that the judge agreed with “that there was a compelling public interest in sharing information with the public as soon as possible.”

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American Oversight said it submitted a FOIA request on Aug. 30 and requested that Arlington expedite the processing of its request on Sept. 25. Rep. Jamie Raskin, D-Maryland, the ranking member of the House Oversight Committee, also asked for the incident report, to the Secretary of the Army on Aug. 30.

During oral arguments on Monday, Judge Friedman noted that American Oversight had sought expedition after receiving no response from the Army, the non-profit said. His court order, it said, gives the Army until Oct. 25 to release the non-exempt portions of the incident report.

A Trump campaign spokesman did not respond immediately to a request for comment. The Army will comply with the judge's order, Cynthia Smith, an Army spokesperson, said Tuesday.

Trump says he and his campaign did nothing wrong

Trump insisted he did nothing wrong, but critics said the GOP nominee was trying to use the ceremony for those killed during the U.S. withdrawal from Afghanistan for political gain.

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Vice President Kamala Harris, the Democratic nominee, said in late August that Trump "disrespected sacred ground, all for the sake of a political stunt."

More: 'Disrespected sacred ground': Harris slams Trump over Arlington National Cemetery incident

Some veterans’ groups also criticized Trump. In response, Trump raised the issue repeatedly at campaign events, defending his actions.

"They tell me I used their graves for public relations services and I didn't," Trump said at a rally in Pennsylvania in late August.

Trump campaign officials said at the time that they have videotape of the incident that exonerates its staffers, but it has resisted public calls to release them.

Army says rules 'clearly prohibit political activities on cemetery grounds'

Trump was accused of violating the prohibition on campaigning at one of the nation's most sacred public places. After some veterans expressed outrage at his campaign's actions, Army officials appeared to indirectly rebuke Trump's campaign for "unfairly" criticizing the professionalism of the cemetery employee involved in the incident.

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The Army said those who participated in the ceremony and visit to Section 60, which contains the graves of recent U.S. casualties, were made aware of federal law, Army regulations and Department of Defense policies that "clearly prohibit political activities on cemetery grounds." Trump's campaign team was photographing and filming at the site.

Trump said he was invited by the families of service members killed in action and that he felt compelled to do the event despite scheduling challenges.

"I don't need the publicity," he said.

Contributing: Tom Vanden Brook

This article originally appeared on USA TODAY: Judge tells DoD to release Trump Arlington cemetery incident records

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