Judge Orders Army to Release Report from Incident at Arlington Cemetery to American Oversight 

A federal judge has granted American Oversight’s motion for a preliminary injunction in its Freedom of Information Act lawsuit seeking public records related to an alleged August incident involving the Trump campaign at Arlington National Cemetery.

Senior Judge Paul Friedman of the U.S. District Court for the District of Columbia ordered the U.S. Army to release non-exempt portions of the requested incident report or reports by Friday, Oct. 25, agreeing with American Oversight that there was a compelling public interest in sharing information with the public as soon as possible.

Statement from Chioma Chukwu, American Oversight Interim Executive Director:

“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. These records belong to the public, and we’re pleased the court agreed on the need to expedite our request. We look forward to receiving the incident report and making it available to the public.”

According to news reports, the Aug. 26 incident occurred when cemetery staff attempted to prevent members of Trump’s campaign from filming and taking pictures while visiting a section where recent U.S. casualties are buried — something prohibited by federal law to guard against gravesites being used for partisan political purposes. The Trump campaign has disputed media accounts of the incident, and the former president has even suggested that the incident did not happen at all. Arlington National Cemetery has confirmed that there was an incident and that a report — the subject of American Oversight’s request — was filed.

American Oversight submitted a Freedom of Information Act request for a copy of any such reports on Aug. 30, and on Sept. 25 requested that Arlington expedite the processing of its request. Rep. Jamie Raskin, the ranking member of the House Oversight Committee, has also asked for the incident report, having sent a letter 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, and that the urgency of American Oversight’s request had increased as the election draws closer. The court order gives the Army until Oct. 25 to release the non-exempt portions of the incident report.

While in office, the former president repeatedly sought to politicize the military, and his administration frequently violated the Hatch Act, the federal law prohibiting government officials from using their positions to advance partisan political activity. American Oversight’s lawsuit aims to provide the public with the full, official account of the alleged incident and the Army’s response.