Discussion: Paul Ryan Orders Capitol Flags To Half-Staff After Las Vegas Mass Shooting

TPM Article Topics
21

Actually, no.

GOOD-FAITH MISUNDERSTANDINGS: Although the code is actually pretty clear, confusion continues to occur. For example, U.S. Attorney General Janet Reno recently ordered the American Flag flown at half-staff on all U.S. Department of Justice buildings, in honor of several DEA agents who had died. While NFF understands this gesture, the Flag Code does not give Attorney General Reno the authority to issue that order. Closer to NFF’s Pittsburgh, Pennsylvania home, Mayor Tom Murphy ordered all flags flown at half-staff to honor the victims of a plane crash. Here again, a well-intentioned gesture, but one for which no authority exists. NFF points out these “good-faith misunderstandings” not to criticize or embarrass anyone, but rather to head off a growing trivialization of this memorial salute, and to preserve the dignity and significance of flying the U.S. flag at half-staff. To any readers who may think that NFF is insensitive for raising these breaches of etiquette, please be assured that our motives are pure. We grieve these human loses deeply; however, we believe proper respect for our flag must be maintained - no matter the circumstances.
http://usflag.org/nffhalfstaff.html

22

Actually, yes.

These periods of mourning are proclaimed either by the president of the United States, for national remembrance, or the governor of a state or territory, for local remembrance, in the event of a death of a member or former member of the federal, state or territorial government or judiciary. The heads of departments and agencies of the federal government may also order that the flag be flown at half staff on buildings, grounds and naval vessels under their jurisdiction.
https://www.va.gov/opa/publications/celebrate/halfstaff.pdf

The National Flag Foundation (NFF) is not a government organization. The Veterans Administration (VA) is.

23

The VA is wrong. From the U. S. Flag Code, Section 7

The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, or the death of a member of the Armed Forces from any State, territory, or possession who dies while serving on active duty, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff, and the same authority is provided to the Mayor of the District of Columbia with respect to present or former officials of the District of Columbia and members of the Armed Forces from the District of Columbia. The flag shall be flown at half-staff 30 days from the death of the President or a former President; 10 days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection —

  1. the term “half-staff” means the position of the flag when it is one-half the distance between the top and bottom of the staff;
  2. the term “executive or military department” means any agency listed under sections 101 and 102 of title 5, United States Code; and
  3. the term “Member of Congress” means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.
    http://www.ushistory.org/BETSY/flagcode.htm
24

they should have been at half mast jan20

1 Like
25

If only there had been a good guy with a gun at that concert.

26

This is a logical fallacy known as ignoratio elenchi, usually translated “ignorance of the refutation”. Basically, even if everything in an argument is true, it still does not refute the counterargument. You persist in ignoring the statement in the code “according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law” in the code. Perhaps you are confused by the meaning of “or”.

or
conjunction

  1. (used to connect words, phrases, or clauses representing alternatives)

Therefore, “according to Presidential instructions or orders” and “in accordance with recognized customs or practices not inconsistent with law” are alternatives, indicating that sometimes it is presidential authority that orders the flag flown at half-staff and sometimes it is not. I don’t see why this is so difficult.

Second, the Flag Code only provides guidelines. It is not enforceable law:

Again, the provisions of the Flag Code on flying the flag at half-staff are, like all the Code’s provisions, a guide only. They do not apply, as a matter of law, to the display of the flag at half-staff by private individuals and organizations. No federal restrictions or court decisions are known that limit such an individual’s lowering his own flag or that make such display alone a form of desecration.

The United States Flag: Federal Law Relating to Display and Associated Questions
Congressional Research Service
https://fas.org/sgp/crs/misc/RL30243.pdf

Third, the VA takes its wording from Presidential Proclamation 3044 of Mar. 1, 1954:

5. The heads of the several departments and agencies of the Government may direct that the flag of the United States be flown at half-staff on buildings, grounds, or naval vessels under their jurisdiction on occasions other than those specified herein which they consider proper, and that suitable military honors be rendered as appropriate.
https://www.archives.gov/federal-register/codification/proclamations/03044.html

Fourth, the Department of Defense even takes this down several more levels:

DoD Instruction 1005.06 March 27, 2008
SUBJECT: Display of the National Flag at Half-Staff
…

  1. POLICY
    It is DoD policy that the national flag shall be flown at half-staff:
    …
    (7) When so directed by the President or the Secretary of Defense.
    …
    d. On buildings, grounds, or naval vessels under the jurisdiction of the Secretaries of the Military Departments on occasions, other than those specified in paragraphs 3a and 3b of this instruction, that the Secretaries of the Military Departments consider proper and appropriate. The Secretaries of the Military Departments may delegate their authority, in writing, to authorize flying the flag at half-staff to individual post, station, detachment, ship or installation commanders under their jurisdiction for occasions they consider proper and appropriate; commanders may not further re-delegate this authority
    http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/100506p.pdf

I’m sorry that the NFF got their knickers in a twist over Janet Reno flying the flag at half-staff on Justice Department buildings, but she was quite within her legal authority to do so.

In short, the president can direct that the national flag be flown at half-staff on all government buildings and grounds by law; governors of states or territories and the mayor of the District of Columbia can direct that the national flag be flown at half-staff on all government buildings and grounds in their state, territory, or the District by law; and heads of departments and agencies of the federal government can direct that the national flag be flown at half-staff on buildings, grounds, or naval vessels under their jurisdiction by presidential proclamation. In the DoD, this authorization is extended down to the commanders of individual bases or ships.

In order to refute the argument you need to show that the “Flag Code” says that “only the president” can authorize the flag to be flown at half-staff. This you cannot do since the very Flag Code that you cite clearly says that governors can in their states. You completely ignore the fact that this authority was extended by presidential proclamation to heads of government departments and agencies.

27

thank god someone is acting to prevent this from happening again.

28

One final time. I am quoting the actual law and pointing out that Ryan did not have the statutory authority. Don’t know why you can’t understand that. Even under your postings, the Speaker is not head of a Department or Agency.