UPDATE: Retired Col. Toryanski appears to have violated Pentagon directive on use of uniform in Boise Senate campaign

UPDATE, 3 p.m., Pentagon says disclaimer required for retired service members

In response to an inquiry about Sen. Mitch Toryanski's using images of himself in uniform in campaign material, a Defense Department spokeswoman said Tuesday that the Department's directive applies to all service members, including retirees like Toryanski.

Here is the text of the reply from Eileen M. Lainez, a spokeswoman in the Defense Press Office,
Office of the Assistant Secretary of Defense:

"DoD policy on retired members' use of uniform photographs in campaign literature can be found in DoD Instruction 1344.10, Political Activities by Members of the Armed Forces, para 4.3.

Members not on active duty who are nominees or candidates for covered offices may, in their campaign literature (including web sites, videos, television, and conventional print advertisements):

(1) Use or mention their military rank or grade and military service affiliation, but they must clearly indicate their retired or reserve status.

(2) Include their current or former specific military duty, title, or position, or photographs in military uniform, when displayed with other non-military biological details. This must be accompanied by a clearly displayed disclaimer that the information or photographs do not imply official endorsement.

(a) Use of photographs, drawings, and other similar media formats of the member in uniform cannot be the primary graphic representation in any campaign material.

(b) Depictions of the member in uniform cannot misrepresent their actual performance of duty."

UPDATE: 7:50 a.m. Tuesday, Nov. 6: I spoke this morning with a lieutenant colonel in the Department of Defense Press Operations Center. I have forwarded him the mailer, Sen. Toryanski's response and the response from the Idaho National Guard spokesman. I will update when I hear back from the Pentagon.

ORIGINAL POST:

Sen. Mitch Toryanski, R-Boise, is depicted in his Army uniform on the address side of a two-sided mailer titled, "Tired of ugly politics?"

The photo is of Toryanski, a retired colonel in the Idaho Army National Guard, receiving a framed photograph and shaking hands with an unidentified officer. A smaller image of Toryanski at his desk in the Senate appears beside the uniform photo. On the reverse of the mailer is a large photo of Toryanski descending stairs in the Capitol.

The freshman lawmaker said any violation of the Pentagon directive on political activity was unintentional.

"We’ve used this picture in mailers before," Toryanski said in an email Monday afternoon. "This differs from (Vaughn) Ward in that the picture in question is one of three, it is not the primary one and there is no reference to a title or past military service. Moreover, there is no implication of official sponsorship, approval or endorsement by the DoD. If there needs to be a disclaimer, then omission was an oversight."

In 2010, the Pentagon asked then congressional candidate Vaughn Ward to remove an online ad of him in uniform without a disclaimer.

The Pentagon allows candidates to mention their military affiliation, "BUT they must clearly indicate their retired or reserve status," according to the Department of Defense directive, "Political Activities by Members of the Armed Forces."

The directive also says photographs of candidates in uniform "must be accompanied by a prominent and clearly displayed disclaimer that neither the military information nor photographs imply endorsement by the Department of Defense or their particular Military Department...."

The directive offers an example disclaimer: "John Doe is a member of the Army National Guard. Use of his military rank, job titles, and photographs in uniform does not imply endorsement by the Department of the Army or the Department of Defense."

In addition, the directive says photographs of candidates in uniform are allowed "when displayed with other non-military biographical details."

Col. Tim Marsano, spokesman for the Idaho Army Guard, said the Guard has "no oversight of his activities" because of Toryanski's retired status, but said the Guard's legal officer reviewed the matter, citing the provision requiring disclosure of retired status and a disclaimer.

"We think this directive applies to retired officers, but you may want to run that down with Pentagon Public Affairs," Marsano said.

Pentagon Public Affairs did not answer the phone after 5 p.m. EST and did not reply immediately to an electronic request for comment Monday afternoon. A voicemail left with a representative of the Army Voting Program at 5:15 p.m. EST was not returned.

Toryanski's campaign website also includes a small image of Toryanski in uniform, joined by his family.

Toryanski's "About Mitch" page is topped by a banner photo of a street sign reading "S. West Point Pl." Toryanski, a lawyer, graduated from West Point, and, according to his website, "Upon graduation, Mitch was commissioned an officer of infantry and subsequently led American servicemen and women for over 30 years including service as Inspector General for the Idaho National Guard."

A disclaimer did not appear on Toryanski's website as of 5 p.m. Monday. The mailer in question is titled "Setting Record Straight Mailer" on the home page.

Toryanski faces Democrat Branden Durst in Tuesday's election in a rematch of a Southeast Boise contest divided by 103 votes in 2010.

You can follow Idaho Statesman Politics on Twitter.

1352240112 UPDATE: Retired Col. Toryanski appears to have violated Pentagon directive on use of uniform in Boise Senate campaign Idaho Statesman Copyright 2014 Idaho Statesman . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Evidently the picture has

Evidently the picture has been removed because I don't find it on his website anywhere. Ooops, it still on the link to the flyer.

nit pickers

Dam useless nit picking news media, who really give a s***

Detail

You know, I'd like a legislator who follows the rules, and who pays attention to details. This may not be decisive, but it's worth considering. People deserve to hear about it and Popkey is right to look into this.

Danny,

Would you please cite the specific section of code violated by this retired/former military officer.

Sure, open the link to the directive

4.3 covers those not on active duty and describes the disclaimer requirement. Begins on page 6.

Dan Popkey

Still caring their water

Nice to see your still carrying the Dems water. Makes your job easier when you're just fed the stories right. As long as you still pull a paycheck I guess. I am sure you know you have about the same credibility as Chris Matthews.

And yet....

You would still expect a military lawyer to understand military code, would you not? When you don't like the message, attack the messenger.......

Timing

It is an obvious hit piece. This was not just found. Popkey has a history or being fed stories from left, and acting like a reporter. He is not a reporter. He is a democrat mouthpiece. Which is fine, if the mistakesman had a republican to balance. But their balance is an even f@rther left richter.

Dan Popkey gets stories from all sides and many sources

and reports them with the facts he learns. I've seen him applaud both Republicans and Democrats, and criticize both Rs and Ds. Any chance, OIF5Vet, you're complaining about this situation, while forgetting a past that's quite balanced?

Nope

Dan "The leftwing mouthpiece" Popkey throws a bone a couple times a year to Conservatives. Short half-hearted pieces so he can claim impartiality. Funny thing about those columns though, he always writes the opposing view in them. Many times giving the leftwing response more ink than the subject of his story. He is a partisan hack plain and simple.
Have you heard him on the radio? He doesn't even deny it.

4.3.2.1?

4.3.2.1?

In Idaho, republicans can get away with anything ...

How come he doesn't mention his magic wand in any of the mailers?

Please! They have enough trouble for that! PG if you like!

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Celebrating five years and one screen ID >|<

wow popkey

Wow popkey, Toryanski has 30+ years of military service and is retired…and this is how you thank him?? by trying to do a frivioulous, inconclusive, "may have", hatchet job the night before the election? Glad to see where your colors lie. What a waste of journalism. You sir, are a major tool bag who has nothing better to do than to try to disparage the military record of somebody who has put their life on the line for you.

L A M E

208 your point is lame.

The issue relies on WHEN this flyer dropped in the post office.

Regardless, he went to West Point where they teach attention to detail; now Toryanski is saying 'simple oversight'. Especially considering the recent history of this topic with Ward. It's a no go. A strike for sure, but not enough to change anyone's vote.

And the use of a uniform picture when the flyer does not even address any military issue at all, is a lame use of the photo. It's like seex in a movie. It has to match the story line, otherwise it's just gratuitious nudity- which is awesome but it's not too classy.

It's a bad flyer to begin with.

***
If the good Senator happens to read this, thanks to you and especially to your wife for your service and her support.

Popkey can't see the forest for the trees..

In a given news cycle this sort of hack journalism would not survive scrutiny. Were it not for the timing on the eve of election day the story would have stood on merit and been quickly dismissed. To say your motives under the guise of good journalism are honorable is far more a stretch than Senator Toryanski's "disclaimer" oversite. Furthermore to put it on the same grounds as the candidate for United States Congress Mr. Ward's previous oversight is laughable.

What is concerning above your apparent lack of scruples and zeal for a zinger is the blatant blind eye you cast toward's Senator Toryanski's opponent. An awkward moment over a missing disclaimer required for a small photo on a mailer is something I would gladly trade for the type of misdeeds Mr. Toryanski's opponent has been documented to have taken. You must only assume we wait with baited breath for some trash issue to guide our vote.

You cannot fashion from the ether a 34 year record of military service without having sacrificed for your country and so dutifully executed the duties of the office you held. You do not become a brevetted Brigadier General in the United States Army without being qualified for the rank and more importantly fit to perform the duties. As I may also point out failed to earn your consideration in accurately representing his title.

You cannot hide from the public's scrutiny as Mr. Popkey has so poorly and unprofessionally pointed out with this hack job. Much like a trip to the Idaho Judicial Repository eagerly reveals Mr. Toryanski's opponent's apparently and well documented lack of pecuniary responsibility and moral backbone.

IF it were possible to maneuver through the systems of Idaho to document military service I am sure Mr. Toryanski's opponent would have fashioned himself a suitable "Cardboard Facade" of military service. Much like he did the last time someone pointed out he has no business experience. Fortunately for him that only runs you $25 for an assumed business name; legitimate or not its the same $25 per.

Mr. Toryanski will have my vote tomorrow; and until he fails to meet the merits of his opponent I will continue to support him.

Citizen Voter

If it's all the same to you . . .

If it's all the same to you, I would prefer that you wait with bated breath--not "baited" breath--or else stand downwind from me.

Fitting example of not seeing the forest for the trees...

I suppose you find equal need to bloviate on one's use of myriad as a noun.

If your breath is that bad then it's "BAIT".

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If you still print the same stuff everybody else gets from AP, Reuters and Yahoo! without subtantive local content beyond this, you are doomed to fail wanting money from me.

Go Mitch!

The Statesman endorsed Toryanski in 2010 and again this year and have given sound reasons for doing so. Popkey OTOH just cannot resist being a muckraker no matter how petty it makes him and the Statesman look.

Has Popkey seen the retired Brigadier General (USMC) who has been standing in the parkway on Park Center Blvd. with a Toryanski sign? Probably not because his eyes were focused on the gutter.

I've been going door-to-door for Toryanski in a Democrat precinct and have been pleased with the number of voters who are familiar with him and plan to vote for him if they have not already done so.

My god, it's full of stars!

Sorry, just remembering the good old days when I was a n00b here.

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Celebrating five years and one screen ID >|<

Would it be accurate to say, Dan, that your headline.....

could also read: "...may not have violated..." ?

Who brought this issue up?

Is this like the Ward case where it was an issue because DOD actually contacted him? Has anyone brought this issue up besides Mr. Popkey? Just curious.

Sen. Toryanski should know the rules and follow them but I wonder if this is an issue of Popkey making the story or if there was some actual complaint.

Mr. Popkey, had anyone made an inquiry about this other than you

Did you initiate the inquiry?

Now I have to go see who won....CRAP/

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If you still print the same stuff everybody else gets from AP, Reuters and Yahoo! without subtantive local content beyond this, you are doomed to fail wanting money from me.

I guess I'll have to use channel 7's site to find who won...

I refuse to use a site that won't accept my legitimate login.

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If you still print the same stuff everybody else gets from AP, Reuters and Yahoo! without subtantive local content beyond this, you are doomed to fail wanting money from me.

Durst won! Thank you KTVB, nobody here even mentioned it.

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If you still print the same stuff everybody else gets from AP, Reuters and Yahoo! without subtantive local content beyond this, you are doomed to fail wanting money from me.