Is Sen. Forrest Dunbar in violation of federal law? Questions raised about political letter from Poland

48

Alaska State Sen. Forrest Dunbar, currently deployed to Poland on active duty with the Alaska Army National Guard, is drawing scrutiny for a politically charged letter issued to constituents while serving in uniform — a move that may violate military conduct standards and federal law.

In a letter circulated on social media under his official Alaska State Legislature letterhead, Dunbar confirmed that he would return to the state for the August special session and vote to override Gov. Mike Dunleavy’s partial veto of a massive increase to education funding that was passed by a deeply split legislature.

“I will be voting yes to override,” Dunbar wrote, citing what he called “catastrophic cuts” to school budgets.

However, the message may have crossed a line drawn by multiple federal regulations prohibiting active-duty service members from engaging in partisan political activity.

Dunbar’s statement appears to run afoul of  Department of Defense Directive 1344.10, which strictly limits active-duty military personnel from making partisan political statements or taking public positions on pending legislation.

The directive bars service members from participating in political activity that may imply military endorsement or blur the lines between official military capacity and political advocacy.

While Dunbar said he sought an “Exception to Policy” to take leave and pay for his own return to Alaska for the vote, the statement itself was issued while he remains mobilized, and it was made using his official legislative platform. That fact alone may violate the principle that political commentary must be done in a purely personal capacity and without use of official titles or platforms.

Under Article 88 of the Uniform Code of Military Justice, commissioned officers are prohibited from using contemptuous or disrespectful language against senior government officials. Dunbar’s letter stops short of overt disrespect, but his partisan and inaccurate framing of the governor’s action while on active duty adds to the case that can be made that he is engaging in partisan political activity.

In addition to the legal and ethical concerns, Dunbar’s letter also contains a misleading characterization of the governor’s action. Gov. Mike Dunleavy vetoed only a portion of an increase to education funding, not cutting funding. Dunleavy only cut out some of the additional funds that were awarded to Education. Calling it a “catastrophic cut” oversimplifies and exaggerates the scope of the veto, which makes Dunbar’s statement highly political, rather than factual information for his constituents.

Then there’s the Hatch Act. Although it primarily applies to civilian federal employees, the same types of restrictions extend to members of the armed forces.

The combination: Military status, state office, and partisan advocacy, is a messy mix that his higher-ups at the Pentagon may find interesting, at the very least.

Violations of DoD Directive 1344.10 or UCMJ provisions can result in administrative or disciplinary action, ranging from a formal reprimand to more serious consequences, depending on the severity and whether the statement is judged to harm good order and discipline.

As of this writing, no official investigation into Dunbar’s conduct has been announced. However, the incident is likely to be elevated to Department of Defense leadership by those who take umbrage with his use of his uniform for political business.

48 COMMENTS

  1. Love that pic Suzanne!
    He definitely has that “Full Metal Jacket” look.
    Maybe he is a PTSD victim.
    Careful drill Sargent….Something fatal may happen in the shower room.

  2. I am a retired USAF Lt Col. If accurate the activated guardsman and state senator is in violation of military regulations, Article 88, and the Hatch Act. For purposes of making an example of this DOD should review it for possible punitive action.🪖🇺🇸

    • I completely agree, Kenneth! As a retired US Army lieutenant colonel and who participated in numerous overseas deployments, I assert that Dunbar’s return to Alaska under these circumstances is contrary to military regulations, the display of strong and required military leadership, and overall good order. This decision is completely inappropriate, probably without clear precedent, and should be addressed within the Alaska National Guard leadership. Or maybe be higher?

      I called the Alaska Adjutant General’s Office (907 428-6003) about this. The receptionist offered to transfer my call to the executive officer (XO). After several minutes, I was informed that “the XO is not in the office and won’t return for the rest of the day” and “would not be in the office tomorrow”. So, it appears that nobody is available to discuss the Adjutant General’s approval of this very bad, completely inappropriate, and potentially precedent-setting decision. This is very disappointing, but not entirely unexpected.

      • the Alaskan Beacon had a little more information on the waiver. a spokesman for the Alaska National Guard said that the adjutant general could not issue a waiver. Dunbar’s chief of staff said the waiver was granted by the commanding general of the U.S. Army’s V Corps — Lt. Gen. Charles Costanza

  3. Dunbar is a disgrace to the uniform and should kicked out of the guard. He is a admitted communist and doesn’t live up to the oath of the Constitution.

  4. How, and for which officially-recognized and permitted purpose, did Forrest Dunbar receive permission to alter his military deployment orders to accommodate his return to Alaska prior to the re-deployment to Alaska of this National Guard unit?

    Is this one more example of Dunbar using his National Guard participation for political purposes rather than as actual commitment to military service?

      • Correct, they defeated the National Crooks & Grifters that were in charge.
        Obama, Biden and Harris and Clooney
        Go to the head of the Class!

        • “…….Go to the head of the Class!……..”
          He needs to re-attend remedial history classes. Keep him away from the window so maybe he can focus on the front of the classroom.

  5. Watch nothing will happen there’s a lot of democraps they will pull strings to help him out unless tulsi Gabbard steps in

  6. (D)unbar is a (D)em. He is also the media darling for NPR, Channel 2, ADN and the rest of the (D)emocrat PR arm of the media industrial complex. Nothing will happen.

    • I wondered if I was alone in my contempt for Channel 2 and their co-owned Channel 5 (local NBC and CBS) in their fancy new building in midtown. My recent experience with Joe Allgood (and maybe whoever supervises him) has caused me to be unable to watch any of their news programming. I previously watched their weather reports, but can no longer “stomach” even these brief segments anymore.

      The weekend news readers, their frequent Alaska-specific and other mispronunciations, and the selected (several times repeated) programming are the worst!

      KTUU, and whatever the CBS call letters are, unprofessionally play “fast and loose”, and Allgood has no respect for those of us who have lived here longer than his few short months. Joe is NO GOOD … fire him!

  7. If Dunbar’s party affiliation was republican, you’d be praising the integrity and public service of a guardsman and state senator.

    • Yet another in a long stream of baffling and unfounded assertions that clarify nothing. Here’s one for you, Lucinda:

      If my Grandma had nuts he’d be my Grandpa. Make note of that one as it’s a similarly helpful reference.

    • …and you would be wrong.
      Republican military members, would not even think about manipulating their orders to pull a stunt like this or write scathing rebuttals towards the governor, while in uniform. If they did they would receive even more grief from disappointed constituents and loads of hand-wringing from the other side of the aisle….(which seems inconspicuously quiet just now)
      Dream on Manny!

    • Tulsi Gabbard was serving the army during her Congressional Tenure and never once did what Dunbar here is doing. And she was a leftwing dem.

      So…you’re wrong.

    • Does his continued National Guard service run afoul of the constitutional prohibition on dual office holding? If he’s not violating the letter of it, it sounds to me like he’s doing his damnedest to violate the spirit of it.

      • Sean. What do you mean? The guy is a patriot, a public servant. He gives to his community way more than most of us. I’d say the same thing about a Republican.

  8. Despite his politics, Dunbar is a citizen soldier & a citizen legislator, raised in Alaska.
    We don’t have to be petty (like liberals are) to defeat him & his political party.
    He is not our big problem; our big problem is liberal Republicans sent to Juno.
    I respect Dunbar because we know where he stands, can’t say that about a lot of Republicans.
    I don’t respect the Alaskan Rhino …. we should focus on it’s extinction, instead of worrying about ‘dyed in the wool’ liberals,.

    • lol. Have you read the other comments here? Apparently republicans today are mostly very petty, while eager to lick lt. bone spurs’ boots 😉

      Liberals aren’t any better, or may still be worse, but you have got to believe that if this was a letter from a Republican service member coming back for a veto override of Walker’s pfd veto; this site and a majority of its commenters would’ve eaten that up like apple pie on the Fourth of July. Bunch of petty hypocrites everywhere.

    • “Despite his politics, Dunbar is a citizen soldier & a citizen legislator, raised in Alaska.”
      …..and?
      Should being raised in AK and being a soldier and legislator give him the right to flaunt the rules to his advantage? Being a soldier, I would expect much better from him, especially since he is also a lawyer/legislator charged to uphold the law. Yet somehow, he does as he pleases and expects to get away with it.
      His actions, not his politics are what we object to (especially since he should know better) and the mention of turn-coat republicans is simply a red herring to distract further from Forrest’s bad acts. I bet you would not tolerate a stunt like this from any republican, so why shrug it off in Forrest’s case?

  9. Alaskans need to actually call their reps and demand action on this violation. But alas, the average Alaskan is just too damn lazy for such hard work. Their usual response is, “it wont do any good”. What a bunch of losers.

  10. Department of Defense Directive 1344.10 specifically allows active duty military personnel to participate in political activity as long as they make it explicitly clear that they are acting in their personal capacity, and not acting on behalf of the military. Dunbar’s news release was written on his official Alaska State Senate letterhead, and he explicitly noted that he was responding to “numerous inquiries made to his [State Senate] office.”

    There is no violation.

    • Nice try SA, if all was on the up and up, WHY did Mr. Dunbar seek “an exception to policy”?
      You clearly can’t have it both ways. As the article states:
      “While Dunbar said he sought an “Exception to Policy” to take leave and pay for his own return to Alaska for the vote, the statement itself was issued while he remains mobilized, and it was made using his official legislative platform. That fact alone may violate the principle that political commentary must be done in a purely personal capacity and without use of official titles or platforms.” While he is in uniform, using his official legislative office/title to disseminate his opinion establishes a conflict of interest.

      • A Taxpayer–You asked “WHY did Mr. Dunbar seek “an exception to policy”? He requested a waiver because Governor Dunleavy had called for a special session for legislators to discuss education reform and the creation of a state Dept of Agriculture while the senator was deployed. I’m sure you saw the news release from the Governor?

        The directive (see full text below) that most explicitly allows Senator Dunbar to issue his news release about his attendance at the legislature’s special session is this statement: “A7. Active duty military members may vote and express their personal opinions on political candidates and issues so long as they do not do so as a representative of the Armed Forces.”

        In no case was Senator Dunbar seeking to act as a “representative of the Armed Forces.” Indeed; he took care to write on his official legislative letterhead.

        As for your claim that Dunbar’s use of his official letterhead “establishes a conflict of interest”… It’s not considered a conflict of interest for a state legislator to also serve in the National Guard, as long as the legislator’s official duties does not directly or indirectly benefit their military service or vice versa. In no way has Senator Dunbar used his legislative duties to benefit his military service, or his military service to benefit his legislative duties. So your concern about a potential conflict of interest also does not meet the statutory criteria governing conflicts of interest.

        ‘https://dodsoco.ogc.osd.mil/Portals/102/Documents/Political%20Activities%20Docs/2024%20FAQs%20_Military.pdf?ver=W3-Ox7lej-w_BNJCpTp8UQ%3D%3D

        • Here is the thing SA, if Mr. Dunbar had waited until he is on leave to put out this statement, there would be no argument. A simple “I have applied for leave and plan to participate in the special session” while still deployed would have been sufficient. There are many deployments were service members are considered “on duty” 24/7 due to the purpose of the mission or the fluidity of circumstances on the ground. So while you may think this is cut and dry, I beg to differ.

  11. This may be shallow and judgemental, but EVERY time I see a photo of Forrest Dunbar, it just screams to me “sociopath”. Maybe because every part of his political record confirms that judgment.

  12. But the Governor’s calling a special session when he believed he could manipulate the agenda and votes is not an issue. No sir. Nothing to see there, (regarding representative democracy at least). The reason many retired Lt. Colonels are commenters here is because they would never make it to become retired Colonel commenters, for good reason. But thanks for your service. Enjoy your tri-care for life, especially all the REMFs and armchair generals who frequent this site.

    • The point of a special session is to address specific items and not the entire gamut of bills. That you don’t know how special sessions work is not the governor’s problem. The legislature could gavel in and immediately gavel out, then call their own special session and deal with the issues they want to deal with. It works both ways Dan!

    • Excuse me?
      These are American citizens and have the absolute right to vote. Your contempt for our men and women in uniform shows that you do not honor their service or understand our founding documents….shame on you!

  13. In Forrest Dunbar’s world, an education from elite institutions automatically translates into ‘elite knowledge’ that is not possible to the ‘unwashed masses’. What he fails to understand is that ‘elite knowledge’ is not wisdom. Wisdom would have told Dunbar that as a deployed (Poland!) member of the Alaska Army National Guard he is not a political figure but a member of the armed forces with a chain of command and a code of conduct he must comply with. Also, there should not be an excuse for him to ‘undeploy’ from active duty and run back to Alaska to be political figure. Nothing like leaving your unit in the lurch. Dunbar obviously loves the photo op of him being a democrat who actually served. It enhances what he thinks will be his own sparkling career.

    There may or may not be a law broken by Dunbar’s action. But there should be scathing comments in his next Fitness Evaluation by his commanding officer: poor judgment and failure to adhere to military standards. This would effectively paralyze his military career. Not surprising coming from an elitist who is busy punching his ticket to the top.

  14. Hey — forget about all the rules and justifications why he is wrong in what he is doing while being “Citizen Soldier”
    As the Brits would say “Him being a Fag changes everything”
    He has special considerations and forgiveness.
    Fags and Dandys have their own rules

  15. Look, I’m not a fan of Dunbar myself but isn’t wearing a Trump hat at Doge, selling them at the WH… a violation of the Hatch Act as well? My friend works with the Feds and was told to take off his MAGA hat.

  16. He is a disgrace to the uniform. Communists should be barred from military and political service.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.