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American Legion spitting nails over photo of dying Marine

posted at 6:28 pm on September 4, 2009 by Ed Morrissey
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The American Legion has issued a blistering statement about the Associated Press decision to publish a photo of a dying Marine over the objections of the Marine’s family. I received this directly from the Legion earlier this afternoon:

INDIANAPOLIS (September 4, 2009) – “Outrageously irresponsible,” is how the leader of the nation’s largest veterans organization characterized the Associated Press’s decision to release a photo of a dying U.S. Marine taken in Afghanistan.

“The lack of compassion and common decency shown by the Associated Press in releasing this photograph is stunning,” said American Legion National Commander Clarence E. Hill, a retired Navy captain. “Lance Corporal Joshua Bernard is a hero who gave his life for his country. His family is understandably offended. I have asked the American Legion state commander in Maine to reach out to his family. Indeed everybody in The American Legion stands with his family.”

The photo shows Bernard bleeding after being struck by a rocket-propelled grenade in a Taliban ambush Aug. 14. Before the photograph was publicly released, Secretary of Defense Robert Gates asked Thomas Curley, AP’s president and chief executive officer to refrain from transmitting the image. “Out of respect for his family’s wishes, I ask you in the strongest of terms to reconsider your decision. I do not make this request lightly…The issue here is not law, policy or constitutional right – but judgment and common decency.”

“Secretary Gates was right,” Hill added. “The issue is judgment and common decency. There is some information, some actions that occur, that are simply too private, too personal, and too tragic to be intentionally broadcast into the homes of millions. For families with loved ones overseas, the fear of what might happen to them is a near constant companion. This photo not only keeps open the wounds of war for the Bernard family, but it also increases the fear for the families of those who are still facing the reality of sudden death every day.”

Hill called for a review by the Department of Defense of the rules governing embedded media. “This should never have occurred in the first place, nor should it be allowed to occur again,” Hill said. “Ironically, when I visited Camp Delta at Guantanamo, the photographer was prohibited from taking images showing the faces of detained terrorists. Yet, photographers are allowed to shoot photographs of fallen American heroes? Where is the common sense? Where is the common decency?”

With a membership of 2.6-million wartime veterans, The American Legion was founded in 1919 on the four pillars of a strong national security, veterans affairs, Americanism, and patriotic youth programs.

I’m not sure I can put this any better, although I recommend reading Mudville Gazette’s take on the matter. Politico has a comprehensive report about the Pentagon’s outrage, and it should be noted that Politico did not run the picture with the story:

Defense Secretary Robert Gates is objecting “in the strongest terms” to an Associated Press decision to transmit a photograph showing a mortally wounded 21-year-old Marine in his final moments of life, calling the decision “appalling” and a breach of “common decency.”

The AP reported that the Marine’s father had asked – in an interview and in a follow-up phone call — that the image, taken by an embedded photographer, not be published. The AP reported in a story that it decided to make the image public anyway because it “conveys the grimness of war and the sacrifice of young men and women fighting it.” …

Gates wrote to Thomas Curley, AP’s president and chief executive officer. “Out of respect for his family’s wishes, I ask you in the strongest of terms to reconsider your decision. I do not make this request lightly. In one of my first public statements as Secretary of Defense, I stated that the media should not be treated as the enemy, and made it a point to thank journalists for revealing problems that need to be fixed – as was the case with Walter Reed.”

“I cannot imagine the pain and suffering Lance Corporal Bernard’s death has caused his family. Why your organization would purposefully defy the family’s wishes knowing full well that it will lead to yet more anguish is beyond me. Your lack of compassion and common sense in choosing to put this image of their maimed and stricken child on the front page of multiple American newspapers is appalling. The issue here is not law, policy or constitutional right – but judgment and common decency.”

I’m not sure which is more despicable — the decision to run the photo, or their self-serving claptrap afterwards about honoring the service of men and women in the war by exploiting their death. It demonstrates truly warped thinking and values. The AP should apologize immediately and withdraw the image, although that would probably not stop its dissemination now.

Update: I wrote soldier when I should have written Marine in the headline. My apologies. I can’t believe I only got one e-mail on that, though.


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I was out all day yesterday and just read about this.

Two things immediately come to mind –

- Doctor Zero’s brilliant essay earlier this week about the Death of the Individual

- Obama is going to pull us out of Afghanistan because it is better to protect Obama’s image than it is to protect the Afghani population, our service members who are currently there (I’m picturing a repeat of our Embassy in Saigon) and our reputation around the world

It’s all about serving the greater good.

Obama is a disaster of epic proportion for us and for the world.

gopmom on September 5, 2009 at 12:50 PM

they should see what our soldiers give up for freedom and safety at home.

Sorry, Timbo in NJ-you’re still clueless. Your so-called “support” for the military is worthless IMHO. It turns into a back-stabbing at the earliest opportunity, as demonstrated by that AP snake in the grass. What you don’t get is that in today’s all-volunteer force, we volunteer to take the battle to the enemy instead of allowing them to bring it here and threaten our families. Veterans, freedom-loving citizens and soldiers need no reminders from liberal hacks about the cost of freedom. We are paying it every day, and so are our families. My reading is just fine BTW. As I said earlier, go away and take your pretender-in-chief with you. We the People have had ENOUGH!

indypat on September 5, 2009 at 1:33 PM

I am so disgusted by the AP’s decision to publish the photos of the mortally wounded 21-year-old Marine in his final moments of life. The pathetic rational that they had to show it in order to “conveys the grimness of war and the sacrifice of young men and women fighting it.” is just a bunch of crap. Many photos of ” war” are shown and reporters are imbedded to do just that. But you just know what feels right and what feels wrong and this was wrong. It didn’t have to be done.

Here is the test for AP President, Curley and I know you would fail it. If the body laying there way your reporter/photographer and someone else had snapped that photo and was going to use it. You would have made sure that it didn’t run.

Also if God forbid, if one of Curley’s kids were shot in a College shooting spree and a similar photo was taken by an AP photographer, it would never see the light of day. Checkmate. You know I am right and you are a miserable hypocrite, Curley.

oped01 on September 5, 2009 at 2:04 PM

AQ Forum is celebrating!!! …Posted on Saturday, September 05, 2009 12:01:11 PM by jveritas (Free Republic) Al Qaeda’s two largest terrorist forums are celebrating the despicable AP photo of our Marine Hero during his moment of death. The two largest Al Qaeda forums are called “Al Falojah” and “Shoomookh Al Islam”. The translation to English is: “A Gift: The Pentagon is shocked by the publication of an American soldier breathing his last breath, picture is attached”. Then members of “al falojah” terrorist forum commented by saying “To Hell and have the worst fate” and “allah damn him and damn anyone who mourns him, we pray to allah that he multiplies the dead of the coalition of infidel nations”
Thanks Tom and AP snake-in-the-grass. Your military support means ZERO. AQ hates you too.

indypat on September 5, 2009 at 2:27 PM

I’m betting that a million jihadi websites will make Bernard their poster child.

unclesmrgol on September 4, 2009 at 7:44 PM

AQ Forum is celebrating!!! …Posted on Saturday, September 05, 2009 12:01:11 PM by jveritas (Free Republic) Al Qaeda’s two largest terrorist forums are celebrating the despicable AP photo of our Marine Hero during his moment of death….

indypat on September 5, 2009 at 2:27 PM

As expected, and right on schedule.

A propaganda coup for AQ.

unclesmrgol on September 5, 2009 at 2:41 PM

Rest in Peace, Lance Corporal Bernard. Ignore the jerks who couldn’t show you the respect you deserve. There are millions of Americans who deeply honor your ultimate sacrifice. You gave up so much and they give so little. A shipmate salutes you.

NavyMustang on September 5, 2009 at 3:16 PM

Feel free to tell AP exactly what you think of them, their photoperson and their vile policies (thanks Tuesday at MM):
Paul Colford
Director of Media Relations

Jack Stokes
Manager of Media Relations

in either the email address of
info@ap.org or
Headquarters
450 W. 33rd St.
New York, NY 10001; or
ask for them in the
Main Number
+1-212-621-1500

indypat on September 5, 2009 at 6:00 PM

I don’t understand the outrage here. That picture shows what real war is. Not the videos from 5000 ft up showing rockets destroying buildings and Apache helicopters streaming thousands of rounds into groups of terroristswich many conservatives LOVE to watch and call ‘war porn’) (or pictures of plumes of smoke in the distance. This is real war, bloody and heartwrenching. It seems like we as a country will only support military action if we never have to see the real life consequences. If you can’t deal with seeing the terrible cost of sending soldiers to battle then maybe you should’nt cheerlead it so much.

God belss this marine and his family.His and his fellow soldiers sacrifices hopefully help stabalize that region and make our country safer from radical islamic terrorists

Tim-in-NJ on September 5, 2009 at 9:17 AM

I’m late commenting on this thread but I had to respond to Tim’s above comment.

First of all I highly doubt there is anyone on this earth above the age of a normally mature 12 year old that doesn’t understand REAL WAR is hell and people die in a REAL WAR!

While there may be some 12 year olds that equate REAL WAR to being on par with a video game (where no one gets hurt or dies) they are IMHO few and far in-between, again most normally mature persons over the age of 12 have the understanding that war is hell and people die FOR REAL in war, so for you to say “this is real war, bloody and heart wrenching” on a site like HA where EVERYONE commenting here is quite aware that war is bloody, heart wrenching, and people die is nothing less than insulting and exposes your faux support of our troops!

I have never been on the battlefield and I pray I never do, but I have known many brave men and women that have and the ones willing to share their experiences with me (like my father that joined the Army Aircorps in 1945 and served 23 years) through them I have been given a glimpse into how truly hellish war can be, yet I will never know the full extent of that hell because I have never experienced it, however I have never ever been (since an early age) under the delusion that war is some sort of sanitary video game where no one suffers or dies and for you to make such a broad assertion in your comment, especially this one:

If you can’t deal with seeing the terrible cost of sending soldiers to battle then maybe you shouldn’t cheerlead it so much

Is again insulting but also exposes your true liberal agenda/ideology and here’s why:

NO ONE commenting on HA thinks for even a minute that war is not hell or that people don’t die in war, it is a fact MOST PEOPLE are quite aware of! Therefore the question becomes, why would someone like you make such a comment in defending something so indefensible as the AP publishing a picture of a brave soldier drawing his last breath?

Here are my thoughts on that very question; you and the AP know damn well it’s not (as the AP stated) “because it “conveys the grimness of war and the sacrifice of young men and women fighting it.” because even a simpleton knows that most adults that have the maturity and intelligence level to read the news already know DAMN GOOD AND WELL that war is hell and people die in war! Instead the AP published the picture and you defend it because it is part of the AP’s and your liberal/progressive agenda to spread such propaganda in order to weaken support for the war in order to end it because it is and always has been the lefts belief that WAR IS NEVER JUSTIFIED even when it comes to protecting our nation, its people, and our freedoms!

This tactic is nothing new Tim, it was used during the Vietnam war to great success for the liberal left, it eroded support at home to the point our government was forced to withdraw our troops, but that wasn’t enough of course, the left also had to vilify our troops as “baby killers” and spit on them when they arrived home, but lets also not forget the more than 1 million Vietnamese that were killed in Pol Pot’s “re-education camps” as a result of the lefts fine propaganda machine, ideology before people, that’s the lefts motto!

I also like how you passively alluded to the lefty meme of repugs being war mongers when you said “helicopters streaming thousands of rounds into groups of terroristswich many conservatives LOVE to watch and call ‘war porn’”

This is yet another lefty tactic used to vilify anyone that supports war, especially if that person is a conservative “right winger.” That is so unfair and untrue and you know it, the truth is (and you know it’s the truth) I have yet to meet any SANE person that actually LIKES war, and I say sane because in my opinion anyone that likes war has a screw loose, so again no one in his or her right mind LIKES war yet you and your lefty brethren do not hesitate and just love to label us as “war mongers!” don’t you!

Bottom line is Tim if and when our government decides to send our brave men and women into battle and (into harms way) our government and its people have the responsibility and obligation to support the troops 1000%! There is no middle ground when it comes to war, either you are in it to win it or you don’t get in it at all and to do anything less is a slap in the face to all those brave men and women in harms way! With that said when organizations like AP post a picture of a dying soldier and someone like you defends their actions in order to further their ideological agenda of weakening support for the war at home (and anyone with a truthful bone in their body would admit it because as I pointed out earlier their stated reason; “because it “conveys the grimness of war and the sacrifice of young men and women fighting it.” is purely BS simply because ANYONE WITH THE INTELLIGENCE AND MATURITY LEVEL TO READ THE NEWS ARE ACUTELY AWARE THAT WAR IS HELL AND PEOPLE DIE IN WAR) therefore the only logical reason for AP to publish such a picture and for you to defend their reason for doing so is to further your leftist agenda of weakening support for the war in order to end it because in the mind of a lefty liberal WAR IS NEVER JUSTIFIED!

Any individual or organization that uses propaganda such as a picture of a brave soldier drawing his last breath DOES NOT SUPPORT OUR TROOPS…so take your lefty faux support to another site (like DKOS) where they will *wink-wink* buy into it, because I sure as hell ain’t buying it!

Liberty or Death on September 5, 2009 at 6:45 PM

God DAMN the AP!

That doesn’t even start to cover it.

Mr. Grump on September 5, 2009 at 7:34 PM

I haven’t seen the picture – and I don’t want to.

The American Legion is right though – this is wrong.

Of course – AP will say something like “Well Americans need to see this”

When was the last time AP did a pic of a partial birth abortion. Shouldn’t Americans see those also?

An anonymous woman getting an abortion is a private affair.

An identified MARINE HERO OF THIS NATION dying on the battlefield is a news scoop.

AP be damned.

HondaV65 on September 4, 2009 at 6:33 PM

I unfortunately saw the photo (I live in CA of course there were more than a few fools giddy to see one of our own boys go down)

If there is any kind of silver lining it is a bit blurry and out of focus. (so yeah, the photographer isn’t even any good with his/her tools which explains his/her need to resort to this)

I totally agree with your point re: abortions. It is as debated a topic as war but if I found pix from and abortion clinic and had the legal right to reprint them there is no way the AP runs with them. No way in hell.

I also don’t buy their line of crap that it is about showing the ‘grimness’ of war.

Does anyone REALLY not know at least a little bit the kinda hell that goes on in places like that? I mean there are 20 movies a year and book upon book of photos from Vietnam.

Simply cheap sensationalism. It really is. I mean, sadly, I’ve seen things far more shocking than this photo. However, knowing that it was the last image of someone’s son who ASKED NICELY that it not be run at this time was the disgusting thing.
I have to say Gates is 100% on the money. It isn’t about law or rights it’s about common human decency. Something the AP clearly lacks.

MannyT-vA on September 6, 2009 at 2:11 AM

been doing a little thinking since my previous post on this matter. still haven’t seen the photo, but previous posts have stated that it is a little blurry and out of focus.

so yeah, the photographer isn’t even any good with his/her tools which explains his/her need to resort to this

matthew brady’s civil war photographs aren’t the easiest to discern sometimes, and it is stated that he (or one of his studio’s photographers) manipulated the scene/bodies for the most photographic impact.

also, robert capa’s and others’ celebrated photographs from the normandy beaches show dead american, british, and canadian soldiers on the beaches. many of capa’s photos from omaha are blurred and/or slightly out of focus. perhaps from the stress of war, this ap’s shots are also blurred, or it is a direct homage to capa and a desire to try to hide the identity of the dying marine. remember, not every soldier can shoot true while being shot at, the same goes for a photographer in combat.

but as i remember the d-day photographs in my head, i can’t seem to recall seeing ANY that clearly give identification to allied soldiers dying or dead. that is what separates the men from the boys. those who understand the intimacy of death and the right to privacy of the individual and the need to tell the up close and personal horror story of war less people who have never served a day in uniform are on the fore-front clamoring for war.

photoboy74 on September 6, 2009 at 2:45 AM

as stated earlier, hotair posted the video of the dying iranian woman’s last moments during the riots recently in tehran. i am currently asking myself, “how is this different than the photo of the dying marin?”
both are human beings deserving of privacy in their last minutes of life on this earth.

i confess and apologize that i did watch that video, and was outraged at the theocracy responsible for it, but also guilty for having intruded in her death.

that video is nothing more than a snuff film that was posted for political/ideological reasons to garner support for the outrage/condemnation against the theocracy of iran and the lack of stronger reactions from the current white house administration.

the same can be said for the ap photograph. it too is nothing more than a “snuff-pic” to garner support and outrage from the political left and the anti-war movement.

photoboy74 on September 6, 2009 at 2:59 AM

Is that piece of crAP photographer still with the Marine unit ? Or was it just drive by reporting? Hopefully he’s still there for the next fire fight and the Marines show their appreciation of his work.

huckelberry on September 6, 2009 at 2:31 PM

the same can be said for the ap photograph. it too is nothing more than a “snuff-pic” to garner support and outrage from the political left and the anti-war movement.

photoboy74 on September 6, 2009 at 2:59 AM</blockquote.

No, the difference is
a) Neda Soltani’s death was reported by those who stood in solidarity with her; their message matched hers.
b) Nobody in Neda’s family protested the video. In fact, their persecution at the hands of the authorities indicates otherwise.
c) Lance Corporal Bernard probably would not agree with either the motive or the result of his picture being taken, particularly since
d) his family disapproved, and were ignored.

Significant differences.

unclesmrgol on September 7, 2009 at 1:46 AM

Hopefully he’s still there for the next fire fight and the Marines show their appreciation of his work.
huckelberry on September 6, 2009 at 2:31 PM

Hey Huck…
He’s a “babe…!
Marines don’t show their appreciation for “babes” like that!

Geezer on September 7, 2009 at 10:12 AM

I see the AP had no problem keeping this silent!

http://www.foxnews.com/story/0,2933,548121,00.html

“The Times kept the kidnappings quiet out of concern for the men’s safety, and other media outlets, including The Associated Press, did not report the abductions following a request from the Times.”

galvestonian on September 9, 2009 at 8:10 AM

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