Semper Sigh: Biden’s Use of the Marines Violated Long-Standing Federal Policies and Regulations

Below is my column in the New York Post on the controversial speech of President Joe Biden in Philadelphia. The speech has received sharply different reviews from “disgusting” and “hateful” to a historic declaration of war against the enemies of the state. Some like MSNBC regular (and writer for The Nation and Above the Law) Elie Mystal insisted that the speech did not go far enough because all Republicans are white supremacists, not just MAGA Republicans. I thought the speech was divisive and inflammatory. However, it was not the content but the optics of the speech that was particularly unsettling.  Framing Biden were two Marines standing like nutcracker props in a highly political speech. His use of the Marines (and the Marine band) violated long-standing rules for shielding the services from such political events.

Here is the column:

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.”

These rules also expressly bar the wearing of uniforms at such political speeches: “The wearing of the uniform by Service members … is prohibited … during or in connection with furthering political activities, private employment, or commercial interests, when an inference of official sponsorship … for the activity or interest may be drawn.”

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.”

Yet, Milley has said nothing about supplying not just the Marine Band but Marines to stand directly behind Biden at a political speech as he denounced his political opponents as threats to democracy and part of what he was called a “semi-fascist” movement. Those Marines stood at attention as the President declared “Donald Trump and the MAGA Republicans represent an extremism that threatens the very foundations of our republic.” (Apparently, nothing says that you are against fascism as much as labeling your political opponents enemies of the state with Marines on either side of you).

The use of the Marines would certainly seem to “create a perception of the military involved in domestic politics.” Moreover, the message sent to other military personnel, particularly other Marines, is that support for the President’s opponents is considered a threat to the constitutional Republic.

The Washington Post previously objected to the use of the Marine band at the White House when President Trump was viewed as giving a political speech. During the Trump Administration, others joined such criticism including Members of Congress and public interest groups.

Alice Hunt Friend, a senior fellow at the Center for Strategic and International Studies, told the Post that the use of the band was a “big violation” since “Americans who see uniformed military personnel at partisan political functions may assume the military has a partisan identity. Presidents running for reelection always have to take extra care to keep their military aides out of their campaign activities.”

Those voices are, thus far, silent in President Biden’s use of these Marines for a highly partisan and divisive speech.

Winston Churchill once said that it is “always dangerous” for military to find themselves mixing with politics because “they enter a sphere in which the values are quite different from those to which they have hitherto been accustomed.” That was never more evident as two young Marines stood at attention as their president accused millions of their fellow citizens of being enemies of the constitutional Republic. They deserved better from the President.

309 thoughts on “Semper Sigh: Biden’s Use of the Marines Violated Long-Standing Federal Policies and Regulations”

  1. “ 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.”

    Yes the media was condemning it, except Fox News and republicans. What Turley conveniently leaves out is the fact that none of the right wing media condemned it. Republicans didn’t criticize it either. Obviously they didn’t think it was a big deal. In fact they actually defended it.

    1. Svelaz, you remember that day , right? That was the day that the president had to actually get his family into the bunker due to “protesters” attacking the White House. I guess that is nothing like Jan 6th. What a damn lying fool you are.

      1. “ Svelaz, you remember that day , right? That was the day that the president had to actually get his family into the bunker due to “protesters” attacking the White House.”

        Actually you should have stated it as,

        “ Svelaz, you remember that day , right? That was the day that the president had to actually get his family into the bunker due to protesters “attacking” the White House.

        The “attacks” were from law enforcement shooting tear gas into the crowd and beating peaceful protesters back from the White House. Trump was rushed to the bunker because he was in “danger” from peaceful protesters.

      2. “peaceful protestors” burned down parts of a church a block from the WH,
        They threw stones at police. and they tried and nearly succeeded in collapsing the fence surrounding the WH.

        Amazingly the SS, Park Police and MPD did not kill a single protestor, Ultimately charges were dropped against all of them. And these protestors who were violent. committed arson, and attacked the police won a settlement against the MPD ?

        You are only allowed to protest in this country if you are on the left.

    2. I will be happy to compare Trump’s St. John’s photo OP in front of a historic building set ablaze by left wing nut arsonists to Biden converting Independence hall to the Reichstag – though i am sure Biden’s speech was better in the original german.

    3. Aparently you are unfamiliar with the FACTS

      There is no doubt that Biden took control of Independence hall for his speech, and no one is condemning Biden for speaking at Independence hall on labor day. that is reasonable for Presidents.

      Biden is being condemned for using a presidential event, an occasion that should bring us together as a country,
      as a political speech to divide the country.

      The Problem with Biden’s speech is NOT that it was a deliberate photo OP – we expect that out of Presidents.

      The problem with Biden’s speech was Biden’s speech.

      Contra your claims it is well established that Barr ordered lafeyette park cleared – almost 24hrs earlier.
      That he did so because of the violence and arson that was occurring.
      That he worked this out with the Park Police and the MPD – not the WH.
      That the WH decision to go over to St. John’s was no made until after the park was cleared
      That no one used CS gas at Laffeyette Park, but the MPD did use CS gas several streets over, independent of the efforts to clear Lafeyette park.
      All of this is well documented by testimony of many people under oath in the house and senate.

      Ultimately there is nothing wrong with any president seeking a photo OP in front of a church that was recently the target of left wing arson. And should Trump have decided to do so while Lafeyette park was crowded with occasionally violent protestors,
      The SS would have required the park cleared. But that is not what happened.

      This is common place with idiot accusations from the left.

      Actually doing what the left claims is nefarious – isn’t.
      But nearly always that is not what happened.

      Anyway, we can do side by side comparisons all you want – Biden’s speech stands alone.

      As Maya Angelou said

      When someone shows you who they are – beleive them, the first time.

  2. I didn’t watch, as I have no interest in what that person has to read off his teleprompter. I haven’t watched a purely political speech since Teddy Kennedy’s at the 1980 Democratic Convention (it was a great speech – didn’t agree with any of it, but a great speech). Nonetheless, from what I’ve seen and read, Mr.Biden is trying to scare people into thinking that the R’s are out to steal everything they have. In reality, that is what his party is doing. starting with property rights all the way down to how children speak to each other. A tenet of fascism is eliminating all contrary voices. As William Ebenstein wrote many years ago:

    >The …fascist state either denies that there are divergent social interests (abhorring as it does the notion of of variety, especially in the form of departures from state-imposed uniformity) or, if it does, half-hardheartedly concedes the existence of such divergent social interests, it resolves such differences by force._” (Todays Isms, 4th Edition, 1964).

    So in effect, Joe has shown his true colors in giving this speech, or at least the true colors of his handlers

    1. In my opinion, this speech was given in order to provoke a violent attack on liberal members of government in order to cement the narrative that all “MAGA Republicans” are dangerous terrorists. From the setting to the lighting to the speech itself, it was a choreographed ploy to target a small number of mentally unstable individuals into taking some sort of action. If you listen to his most recent speeches, Biden is dead-set on disarming the American people. Any sort of violent action will be used as a pretext to attempt to nullify the Second Amendment. I truly pray that nobody on either side takes the political bait.
      Most conservatives just want to live in peace in a lawful, just society. The idea that people who simply want the best for their country are dangerous to “democracy” is both ridiculous and inflammatory. When a sitting President claims that half of the nation is a threat to the sovereignty of our nation, he isn’t just giving a rousing political speech, he is attempting to ignite a civil war.
      May God watch over our great nation and guide its people towards proper, just actions, and not be tempted to fall into hatred and violence.

      1. “ In my opinion, this speech was given in order to provoke a violent attack on liberal members of government in order to cement the narrative that all “MAGA Republicans” are dangerous terrorists.”

        They already are. A maga Trump supporter died trying to violently attack an FBI field office in Cincinnati because of Trump’s rhetoric. Biden wasn’t wrong.

  3. “ The Marine Corps expressly forbids personnel from being used or participating in such political events.”

    That may be true. However the president is still the commander in chief of all armed forces. The Marine Corps may forbid personnel from participating in those kinds of events, except when the president, their commander, is the one talking. It did send a message loud and clear. While Maga republicans were furious and upset with fits of spittle inducing rage incredulous at being called out for what they are the president wasn’t wrong in what he said.

    Trump has made so many speeches that were clearly political and directly attacking democrats by calling them fascist. Republicans never criticized him for the divisive rhetoric and hateful portrayals of his political rivals.

    Biden’s speech is what democrats should have done a long time ago. It was a very forceful and direct pushback on MAGA republicans BS and it was effective given the reaction. It’s funny when they enjoy that kind of rhetoric when trump says it, but it’s suddenly an insult when it’s being directed at them. There aren’t enough WHAAAMBULANCES to take care of all that whining. Remember it was republicans who invited violence against the FBI for doing their job. It’s exactly what Biden was talking about. Threatening violence because they don’t like being held accountable is a threat to democracy.

    1. Velazquez,
      This post illuminates, your rank hypocrisy. The President flanked by leaders of the federal government showing the nation the were in charge. Not a bunch of clueless anarchists burning and killing across the nation. Targeting Blacks and minorities for their pillaging. The General should have been publicly court martialed.

      Compared to Biden. Planned, professionally produced, choreographed, campaign kickoff event.

      You are busy defending Biden. Perfectly normal for a troll taking orders from your handlers

    2. I think the interplay between these military campaign rules and the President as the commander in chief is an interesting one that Svelaz raises. I would like to see JT address that issue in a follow-up post or column.

      1. Concerned,
        The Democrats and Establishment DC Republicans, have spent 6 years whining like 14 year old girls about violating norms and unwritten rules. Now you want to “examine”, not denounce the violations of ‘norms’. A simple question you can ask yourself. Will you denounce or examine, President Trump doing the exact same thing 32 months from now.

        The examination only takes a fraction of second, if the examiner has the capability to be honest with himself.

  4. The bias continues on. Fox just showed a poll that if the election was today, the Democrats would win by two points. Interesting though how they never mention Independents who make up 42% of the US registered voters.

    1. I seem to recall similar polls in 2016. They want everyone else to give up in the face of such ‘undeniable odds’. I don’t intend to, myself. Yesterday a neighbor came by politely promoting a young Conservative candidate (whom I intend to vote for. So does my wife) while our entitled/lazy/high cutizens are committing so many crimes at Target down the street (manager said an average of 60 per day. And this is not a ‘big’ city, just a blue one) they now have armed security outside. Where do you think such fools will go to wreak havoc when there is no more Target (no pun intended, and psst – you likely live inside it)?

  5. Biden is right. While Trump was running around using every insult he could against everyone one to political opponents aNe every average Americans who would not swear fealty to Trump.

    Professor you are a Trump cult member.

    1. “It is usually futile to try to talk facts and analysis to people who are enjoying a sense of moral superiority in their ignorance.”

      ― Thomas Sowell

  6. I am more saddened that I have twice missed the Artemis I Rocket Launch (Due to Scrubs),
    Than missing (by choice) the President’s cosmology missives omnino (at all).

    Thanks be to God, that I have a 3rd Launch attempt to look forward to.
    Something… Anything… is better than the President.

    1. NASA Fan,
      I am rewatching “From the Earth to the Moon” a twelve part docudrama about NASA produced by Tom Hanks in the 1990s. It captures the imagination and depicts our nation when we went up against the impossible and dreamed big audacious dreams.during the original moonshot. (Amazon streaming)

      I am glad that we will return to the moon. I too am saddened by the delays.

    2. I wonder if it’s because they are re-using the space shuttle engines. Ultra cold liquid hydrogen fuel will cause problems when dissimilar metals are joined together. I don’t know what kinds of gaskets or seals can maintain their integrity after being chilled to -420F. it can’t easy.

    3. And thank God, The 2022/103rd NFL Season begins on September 8, 2022 (Thurs. Night),
      with the Los Angeles Rams (defending Super Bowl LVI champion) hosting Buffalo in the NFL Kickoff Game.

  7. Biden’s rhetoric is truly the rhetoric of fascists and was scary to listen to as well as to watch. The optics only reinforced the horror of his screed. His screed that one part of the population is intent on the destruction of the primary principles of the US is almost identical to (and as dangerous as) the battle cry of other fascists like Kim, Hitler, Mao, Chavez, Castro, Lenin. All of those “leaders” demonized a set of people, blaming them for the woes in their lives and societies, and used terror to subjugate their people. The cabal that is running the Biden Administration are people who want a government (and thus them) to be empowered to choose who will survive, thrive, and succeed … and who won’t.

    Even the “title” of his speech about the “Soul of America” (and that from a godless group). His handlers are trying to create a dichotomy of good vs evil where evil must be subdued – of course appointing themselves the “good” though they clearly aren’t. His speech was truly a scary moment that if any Republican had even tried to imitate would have a Press (rightly) calling that person a fascist… as JB appears to be.

  8. This is written by some one else. Who?

    Historian, and frequent msnbc history propaganda shill,Jon Meacham.

    Such is the silo that encapsulates the Democrat leadership that lurks in shadows, hidden from public view

    1. Iowan, you may have hit upon a great clue into this disaster of a speech. Jon Meacham has been in Biden’s ear for some time now and his political compass is so far to the left as to be off the charts. This pedantic egomaniac thinks that he needs to make Biden into Lincoln is insane and it probably revolves around Meacham’s narcissistic need to be alive, writing and influencing the “Lincoln of his day”, laughably, Joe Biden.

  9. Thank God, the Natzies. For a second I thought you were talking about something relevant. 🙄

    Yep, nothing more fascist than wanting to be left alone to live a peaceful life. The hatred so many currently carry in their hearts defies basic sanity.

    1. James,

      “ Yep, nothing more fascist than wanting to be left alone to live a peaceful life. The hatred so many currently carry in their hearts defies basic sanity.”

      So you agree that the LGBTQ community should be left alone too? Republicans have been attacking them for decades now because of their views and lifestyle. Going as far as creating legislation to delegitimize them from every aspect of American culture. From criminalizing their private lives to criminalizing who they choose to marry. Isn’t that….semi-fascist? Clearly Republicans were not going to allow them to have their liberty and freedom to choose how they live their lives. It was morally wrong, so republicans wanted to dictate how they should be treated. Yeah that sounds like good ol’ fashioned fascism.

      1. You mean Southern Democrats, right? Of course you did. There was virtually no Republican Party in the South until the 80’s

      2. Why can’t bisexuals marry the ones they love? And their spouses should be able to marry the ones they love. And so on and so on. Until 16, 32, or 64.

  10. A smashing success, right up there with Stalin, Hitler and Castro. How bizarre!

    I would comment that this administration has gone off the deep end, however, those who handle Biden and tell him what to read from the teleprompter are smarter than that. They have a deeper motive and it does not bide well for the working class everyday Americans.

    It is obvious they are throwing out red meat to provoke a response, to divide, to fracture the citizens. It is a frontal assault and a psychological operation against the people who cherish this nation and the freedom and opportunities it provides to the individual and their family.

    Biden made a deal with the man at the crossroads.

    Written three thousand years ago and still holds true.”When the righteous are in authority, the people rejoice; But when a wicked man rules, the people groan.”

  11. Jack

    Your response is a typical lefty response.

    All of Turley’s points were good.

    Yet instead of trying to refute them, you responded with profanity.

    You are an example of why so many Americans feel contempt for lefties.

  12. What do you say anymore? This is madness. Everything from the ripping up of the speech, filling the gallery with prop migrant children, the impeachments, the Kavanaugh hearings, the riots, the COVID lockdowns, the destruction of our economy and work force and educational system, the debasement of our laws, science, and medicine, the rewriting of history, the bizarre and sad the attempts to make Biden into a comic book character in an attempt to sway younger people that LARP their way through life (does anyone honestly believe the likes of Pelosi or Schumer came up with that one, or run the WH social media accounts? This is real life, with real consequences, not a snowflake fantasy), the redistribution of citizens’ livelihoods, to this ‘speech’ the likes of which the West hasn’t seen since WWII – how can anyone continue to lie to themselves about our modern Democratic party? It’s all gone from indecorous to five alarm concerning in record time. It. Is. Madness.

    1. James, this is an excellent comment and thank you for it. Moreover, in addition to the despicable use of the military for such a political stunt, I would add to your excellent list the Democratic Party’s newly-organized and very-Machiavellian tactic of contributing massive amounts of campaign donations to FAR-right Republican candidates for office, -so that a Democrat win will be nearly inevitable in their minds. And when have we heard/seen/read the MEDIA addressing these things head on????

      1. Thank you, and agreed. It is the most petty and transparent tactic I’ve ever seen during midterms in my life, but hey – dems simply temporarily relocating to other states to vote didn’t work last time. There is no low modern dems will not stoop to, it would seem, and they sure seem to have plenty of their *own* money to waste.

  13. I didn’t see or listen to the speech (nothing personal against Old Joe; I haven’t watched any political speech since the nuns forced us to watch Kennedy’s inaugural speech in 1961). Where did Joe put us people who are neither Democrats or Republicans? After all we do outnumber the other groups 2:1 and 3:1 respectively.

    1. If you vote dem you’re good. If you vote against dems you are semi-fascist , because this is a democracy.

      It was not a speech intended to seem sane to anyone not already waiting for the UFO to arrive.

      The best part of the speech is they really dialed in Joe’s medication, he only looked like a confused Alzheimer’s patient like three times.

    2. ‘…us people who are neither Democrats or Republicans…’ More and more people like us have become Independants to get away from the ‘Extremes’ of both Parties. esp. as we watched the Classic Liberal, which was my calling, get killed off by the Manchurian Candidate the deep state put into office, using any means possible, including programming inside computers that changed tallies….. We are the True Moderates and the Voice of Reason…The Founding Fathers would give us a pat on the back.. and.. would also shudder to have seen that horrible dark rant complete with the red & black ‘mein kampf’ background and Military props speech against his own people…..so much for ‘unifying..’ May the God who led the Founding Fathers to establish this country continue to protect us.. now more than ever. Thank You, Prof. Turley, for your defense of FREEDOM as the Founding Fathers intended………..

  14. Marxists never voluntarily surrender power. They only give power up by force, at the barrel of a gun. That’s the mindset and the history of the Twentieth Century.

    Biden’s speech was a Declaration of War.

    Biden and the National Socialist Democrat Party have made it clear Civil War is inevitable.

    700 million guns in circulation.

  15. What’s telling, as you point out, is no apology from the commandant or Milley for the misuse of Marine personnel in this Hitlerian theater of the absurd by biden = military brass is fully behind this regime and will act in any manner to support it. Even beyond it’s legal and constitutional bounds………….

    1. The Fourth Reich doesn’t have the military. They have the Generals.

      I suspect the Generals will hang or face the firing squad.

  16. “I want every man, woman and child to understand how close we are to chaos…to remember why they need us!”

    And that’s the thing, isn’t it? We DON’T need them and that’s what has the whole ruling class terrified.

    1. Bingo. Your hit the nail on the head. We all know the ruling political / bureaucratic class serves themselves and only the uber wealthy or purposefully engineered structurally poor and dependent on govy handouts and services need them. Leaving the rest of us to see govy as systematically inept that can’t / won’t fulfill it’s basic functions like securing the border and or providing safe streets as a comically dangerous nuisance that we constantly have to seek workarounds to survive their failures (see pandemic) while continuing to thrive despite govy’s best efforts to destroy us. We are an amazing people.

    2. CurrentSitGuy,
      I agree.
      Was it with Trump getting elected started people to realize we dont need them?
      Or was it the refusal from the COVID lockdowns that people realize we dont need them, but it is even patriotic to not need them, not heed them and their gross power over reach?
      An additional idea from the movie V For Vendetta, it is not the man (Trump) but the idea (MAGA) that they fear. Biden and the Dems are doing everything they can to link the idea to white supremacy, Nazis, the KKK, radical domestic terrorists.
      But what is really wrong with a America First idea? A secure southern border? Parents having some say in their children’s education? Being pro-1stA or even the Constitution? Proud to be an American? Support good policing? Wanting to have safe, secure neighborhoods for everyone? Why is any of that bad?

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