A Democrat running for Congress has used images of himself in military uniform in campaign materials without properly including disclaimers required by Pentagon rules for retired service members seeking political office.
Mike Derrick, a Democrat running to unseat Rep. Elise Stefanik (R.) in New York’s 21st congressional district, cites his position as a retired U.S. Army colonel in campaign materials and also prominently displays photographs of himself in military uniform on his campaign web pages. However, Derrick is not adhering to Pentagon rules in the use of the information and images.
The Defense Department issued a detailed set of rules for ex-military members running for office in February 2008.
While the Pentagon regulations allow non-active duty members of the military to use their title or position or photographs in military uniform "when displayed with other non-military biographic details" in campaign literature, the candidates are required to include a disclaimer with the information.
"Any such military information must be accompanied by a prominent and clearly displayed disclaimer that neither the military information nor the photographs imply endorsement by the Department of Defense or their particular Military Department (or the Department of Homeland Security for members of the Coast Guard)," the directive specifies.
The "Mike Derrick for Congress" Facebook page as well as invitations promoted by the campaign to advertise fundraising events also do not include the disclaimer required by the Pentagon.
Several photographs posted to the Facebook page since November show Derrick in military uniform in varying capacities. For example, one image posted in March shows Derrick and his wife both in U.S. Army uniforms during their service in Korea in 1987. That image and at least 10 others showing Derrick in uniform are not accompanied by a disclaimer.
The only disclaimer on the campaign Facebook page is in the "About" section and is only visible when one clicks to view that portion of the page.
"Mike Derrick is a retired member of the United States Army. Use of military rank, job titles, and photographs in uniform does not imply endorsement by the Department of the Army or Department of Defense," the disclaimer reads under the "personal information" label.
Derrick’s Twitter page promoting his campaign also includes his military title but does not include the appropriate disclaimer. A digital campaign advertisement posted on his Twitter page soliciting contributions in April also identified Derrick as a retired U.S. Army colonel but does not contain a disclaimer.
Additionally, invitations to fundraising events for Derrick posted online also publicize his military title while omitting the disclaimer stipulated by the Pentagon directive.
"Mike Derrick is a retired Army Colonel from Peru, N.Y. After 28 years in the military, he has returned home in continued service because believes in the promise and potential of this region. He understands the needs of North Country families and deeply grasps the global problems facing our nation," an invitation posted to the campaign Facebook page advertising a "meet and greet" with Derrick on Dec. 14 reads. It also suggests supporters contribute $25 to the campaign.
Another invitation paid for by the campaign and posted to Facebook advertised a May 15 fundraising event at a local American Legion post. The one-page invitation identifies Derrick as a retired U.S. Army colonel three separate times but does not include a disclaimer explaining that the information does not imply an endorsement from the Defense Department or the Army.
The invitation also prominently features a photo of Derrick in military uniform.
The directive also stipulates that former members of the military running for elective office cannot use photographs or other media formats of themselves in uniform as the "primary graphic representation in any campaign media," including websites, television advertisements, and print media.
A look at Derrick’s official campaign website, reveals that the Democratic candidate uses a photograph of himself in uniform as the first image displayed on the webpage. The photograph rotates with two others of Derrick, one of which shows him alongside his son in Army gear, in the most prominent spot on the website.
While the website contains a disclaimer at the very bottom, experts pointed out that the note appears far away from the photograph and is not prominently displayed.
"He’s cutting corners and not applying the rule in good faith," said Matthew Whitaker, a former U.S. attorney who serves as executive director for the Foundation for Accountability and Civic Trust, an ethics watchdog.
Lt. Col. Gabrielle Hermes, a Pentagon spokesman, told the Washington Free Beacon that "determining whether a particular candidate has violated Department regulations on political activities is very fact-dependent."
She said that the rules do apply to social media websites like Facebook that are used for campaign activity as well as fundraising invitations. "Campaign literature that includes specific military duty, title, position, or a photograph in military uniform, must include a prominent and clearly displayed disclaimer," Hermes emphasized of fundraising invitations.
"Enforcement is through the service member’s respective Military Department, or guard or reserve component, as applicable," Hermes said. "The Department expresses no opinion on any particular candidate, website, or asserted violation."
When contacted by the Washington Free Beacon about the apparent violations, a lawyer for Derrick’s campaign said that the rules do not apply to him because he is "fully retired" from the Army and not "active retired."
However, a spokesman for the U.S. Army clarified that the rules apply equally to active duty, reserve, and guard members as well as retired service members.
"The rules reflect the fact that military service and uniform wear are in service to our nation and Constitution and not to a political party or candidate. Because these principles are equally applicable to retirees as they are to active duty, reserve, and guard members, the prohibitions extend to retirees as well," Lt. Col. Jennifer Johnson, an Army spokesperson, told the Free Beacon.
"Mike Derrick is proud of his 28 years in the military service,"Drew Prestridge, Derrick’s campaign manager, said in a statement. "It's a big part of who he is. It defines his values and it's impossible to tell his story without including his service to our country and leadership in the military."
"Our campaign has been very thorough and diligent in ensuring we follow the guidelines established by the DoD and the FEC when we tell that story. We're confident that we haven't violated any directives."
Former members of the military seeking elective office have run into problems with the Pentagon directive in the past. Joe Sestak, a two-time failed Democratic candidate for U.S. Senate in Pennsylvania, came under fire in 2010 when his first television campaign ad used a picture of the former Navy admiral in uniform without a disclaimer.
Furthermore, multiple candidates in Colorado ran afoul of the Pentagon rules in 2008 and 2012.
Derrick has made his military experience and national security issues a focal point of his campaign to unseat Stefanik. Recently, he sought to link the Republican incumbent to the "dangerous national security views" of presumptive GOP nominee Donald Trump.
In a recent interview with the local Post Star during which Derrick criticized his opponent, he admitted that he had not yet read the fiscal year National Defense Authorization Act, an expansive defense bill that passed the House last month.
"I have not gone through that legislation," Derrick told the local outlet. "I am trying to win this election, and that has not been on my to-do list."
Representatives for Stefanik, who serves on the House Armed Services Committee, have emphasized her bipartisan record on military issues.