Originally posted by magkelly but not being able to photograph a military installation is not the same thing at all. We are at war folks. That means that the military has the final word in terms of base security. I honestly don't think you should be taking pics of military installations at all right now.
Kelly, "We are at war folks" was the justification that they used to round up and incarcerate 110000 Americans during WWII who just happened to be of Japanese descent. "We are at war folks" is the same kind of reasoning that led to the communist witch trials led by Senator Joseph McCarthy.
The photographer in question was not taking photos of a "installation." He was taking photos in the vicinity of a checkpoint (presumably a gate/entrance to Ft Myer which abuts Arlington National Cemetery). Even if that checkpoint and installation were defined as a "vital military and naval installation" under the terms of
18 USC 795 - Sec. 795 and Executive Order 10104 (cited on USC page provided) the photographer was not in violation. The only provision of the applicable USC and EO that would make the MP's actions valid would be if the President declared the entire "Military District or Washington (MDW)" as "restricted" or higher. Since the MDW encompasses almost everything within the Capital Beltway (including private property) and many areas outside of the Beltway they would be able to restrict photography or almost any other activity within the whole of DC and significant portions of Virginia and Maryland. This would be an extraordinary measure and would be the extent of declaring the MDW under "martial law" or a "state of emergency." I have heard of neither of those being declared.
Originally posted by magkelly People going around taking pics of military bases right now is bound to make the military nervous. You never know these days where your next threat is coming from and I'm not just talking about terrorists. Think about what happened at Ft Hood in Texas and that guy who went off the deep end there. If they can't trust an Army shrink not to get violent who can they trust? Do you all really wonder that they're all a bit too jumpy about security these days? Between terrorist threats and one of their own personnel even losing it I'm not really too surprised that they're being so anal about it all the time.
The people the military needs to be nervous about are the people who are surreptitiously and habitually photographing operations, like guard post changes or soft points in perimeter defenses... not wedding photographers working with a 12-15 person wedding party, much less the average tourist who just wants to record his visit to a particular public site. The military, by the way does allow photographs of and at the Pentagon 9/11 Memorial though they ask you not to take photos of the Pentagon itself. The only time I have seen them bother anyone even then was one guy who was using a telephoto lens and seemed to be shooting photos of several windows. Fair call to check him out and they did, but he also walked off without further incident.
Frankly the shootings at Ft Hood probably have little if anything to do with the incident in question or even the increase in security in or around bases. Ft. Hood was a failure of leadership and of the military mental health system not of "security" per se. And as an insider he was not perceived as a threat, And especially as an officer, no MP would have even looked at Nadal twice had they seen him walking into the deployment center with a bag large enough to conceal a couple of weapons.
Mike