19
Dec
19
From: , JAGC, USN, Preliminary Inquiry Officer
To:
Superintendent, U.S. Naval Academy
Subj: PRELIMINARY INQUIRY INTO HAND GESTURES MADE DURING ESPN
GAMEDAY BROADCAST BEFORE THE ARMY-NAVY GAME ON 14
DECEMBER2019
Ref: (a) JAGMAN, Section 0203
(b) COMDTMIDNINST 1610.2J
Encl: (1) Screenshots from ESPN College Gameday Broadcast
of
14 Dec
19
(2) Email from USN
of
16
Dec 19
(3) Result
of
Interview
of
MIDN , USN
of
16
Dec
19
( 4) Result
of
Interview
of
MIDN USN
of
16 Dec
19
(5) Result oflnterview
of
MIDN USN
of
16 Dec 19
(6) Result
of
Interview
ofMIDN
, USN
of
16 Dec 19
(7) Result
oflnterview
of
MIDN , USN
of
16 Dec
19
(8) Result
oflnterview
of
MIDN USN
of
16 Dec
19
(9) Result
of
Interview
of
MIDN USN
of
16 Dec
19
(10) Email to , NCIS
of
16
Dec
19
(11) Email from NCIS
of
18
Dec
19
(12) Result oflnterview
of
LT , USN
of
18
Dec
19
(13) Result oflnterview
of
LT USN
of
18
Dec
19
(14) Result oflnterview
of
, USN
of
18
Dec
19
(15) Result
of
Interview
of
MIDN , USN
of
17 Dec
19
(16) Result oflnterview
of
MIDN USN
of
18
Dec 19
(17) Email from MIDN
of
18
Dec
19
(18) Result oflnterview
ofMIDN
, USN
of
18
Dec
19
(19) Result oflnterview
ofMIDN
, USN
of
18
Dec 19
(20) Result
oflnterview
of
MIDN , USN
of
18
Dec
19
(21) Result oflnterview
ofMIDN
USN
of
18
Dec 19
(22) Result oflnterview
ofMIDN
USN
of
18
Dec
19
(23) Result oflnterview
ofMIDN
USN
of
18
Dec
19
(24) Result oflnterview
ofMIDN
USN
of
18
Dec
19
(25) Result oflnterview
ofMIDN
USN
of
17 Dec
19
(26) Result oflnterview
ofMIDN
USN
of
18
Dec 19
(27) Result
oflnterview
of
LT USN
of
18
Dec
19
(28) Result
oflnterview
ofMIDN
USN
of
18
Dec
19
(29) Result
oflnterview
ofMIDN
USN
of
18
Dec 19
(30) Photograph
of
Text Message from
of
14 Dec
19
(31) Washington Post Atiicle by Mrs. Abby Ohlheiser
of
16
Dec
19
(32) Result
oflnterview
of
LT , USN
of
17
Dec
19
(33) Result
oflnterview
of
USN
of
18
Dec
19
(34) Result
oflnterview
ofMIDN
USN
of
18
Dec 19
Subj: PRELIMINARY INQUIRY INTO HAND GESTURES MADE DURING ESPN
GAMED A Y BROADCAST BEFORE THE ARMY-NA VY GAME ON
14
DECEMBER 2019
(35) Result
oflnterview
ofMIDN
, USN
of
19
Dec
19
(36) Result
oflnterview
of
LT , USN
of
19 Dec
19
(37) Result
oflnterview
of
LT , USN
of
19
Dec
19
(38) Result
of
Interview
of
LT , USN
of
17 Dec
19
(39) Commandant
of
Midshipmen Action/Decision Memo
of
4 Dec
19
( 40) Result
of
Interview
of
LT , USN
of
19
Dec
19
(41) Email from LT , USN
of9
Dec
19
(42) Email from LT , USN
of9
Dec
19
(43) Result
of
Interview
ofCDR
USN
of
19
Dec
19
1.
This
rep011s
completion
of
the preliminary inquiry conducted in accordance with reference (a)
into hand gestures made by midshipmen during the ESPN Gameday broadcast on
14
December
2019 prior to the Army-Navy game. Per reference (b ), I was verbally appointed as the
preliminary inquiry officer by the Commandant
of
Midshipman on
15
December 2019 after
reports
of
the gestures were received. I was subsequently directed to address my
rep011
directly
to the Superintendent.
2.
In preparing this report, I interviewed the two (2) suspect midshipmen, the midshipman in
front
of
whom the gestures were made, and the four ( 4) midshipmen who could be identified in
the vicinity
of
the gestures. To gamer background information on the suspects, I interviewed the
Company Officer and the Senior Enlisted Leader for both
of
the suspected midshipmen and
thiiteen (13) midshipmen who have daily interactions with the suspected midshipmen including
chain
of
command, teammates, and roommates. Similarly, I interviewed the Command Managed
Equal Opp011unity (CMEO) Officer and the Supervis01y Special Agent in charge
of
Naval
Criminal Investigative Service Resident Activity
A1111apolis
to determine
ifthere
was any
derogatory information about any
of
the suspects reported to other authorities. I also interviewed
nine (9) individuals including officers, senior enlisted, and midshipmen involved with the
pla1111ing
and execution
of
the Army-Navy Gameday evolution.
3.
Materials reviewed:
a.
Video footage from ESPN Gameday broadcast
of
14 December 2019;
b.
Screen shots from video footage from ESPN Gameday broadcast
of
14
December 2019;
c.
Text message between MIDNs and
d.
Text messages between MIDNs and ;
e.
Online resources describing "the circle game."
4.
Summary
of
findings:
a.
On
14
December 2019, a contingent
of
roughly 300 midshipmen was sent to attend the
filming
ofESPN
College Gameday in Philadelphia, Pennsylvania prior to the Army-Navy
2
Subj: PRELIMINARY INQUIRY INTO HAND GESTURES MADE DURING ESPN
GAMEDA Y BROADCAST BEFORE THE ARMY-NAVY GAME
ON
14
DECEMBER 2019
Football Game to be held later that day. There was minimal coordination between Naval
Academy officials and ESPN College Gameday staff prior to or during the event. When the
midshipmen arrived at the Gameday filming location, they discovered that there were two areas
accessible to midshipmen, a main corral behind the ESPN broadcast desk and a set
of
bleachers
which could be accessed
by
completing a brief survey. There were no screening mechanisms
instituted by the Naval Academy as to which midshipmen could access the bleachers, and
midshipmen came and went from the bleachers at will.
b.
At some point, more midshipmen were needed in the bleachers for a video shot, so a
staffer grabbed a group
of
midshipmen from the rear
of
the cmrnl and brought them to the
bleachers. This group included Midshipmen , , and
. There was a large television screen facing both the bleachers and the main
colTal,
which were adjacent to each other. An ESPN reporter was standing in the bleachers between the
cadets and midshipmen. The midshipmen su1Tounding the repmier could be seen on the TV
screen. Midshipman was somewhat visible at the top
of
the screen and Midshipman
was just off-screen.
c.
Midshipman placed his hand on the shoulder
of
Midshipman and placed his
pointer and thumb together in a circle, with the other three fingers out-stretched. Midshipman
leaned down, making his face visible on the screen.
d.
Midshipman then stretched his hand in front
of
Midshipman and made
the same hand gesture, at which point his face was
pmiially visible
on
the screen. Midshipman
then retracted his hand, took
off
his glove, and put his hand back out making the
gesture more visible on the screen. After a few seconds, Midshipman used his hand to
push Midshipman hand down.
e.
Both Midshipman and Midshipman stated that they were playing "the circle
game." The circle game on game that has been played for decades and has been
featured in popular culture television, including an episode
of"Malcolm
in
the Middle" that
originally aired in 2000. The premise
of
the game is that a person makes a circle with their
pointer finger and thumb below their waist.
If
someone looks at the circle, they lose and the
person who made the circle gets
to
punch the person who looked
in
the arm. There are different
variations
on
the game, one
of
which consists of"photobombing" a photograph while displaying
the gesture. Within the last two years, the "OK" hand gesture, which looks like the gesture made
for the circle
gmne, became the
tm·get
of
an internet hoax which claimed that the gesture
signified "white power." In light
of
this hoax, several prominent members
of"white
power" and
"white supremacy" groups began making the gesture in public, thereby appropriating the gesture
as a symbol
of
their movements.
f.
During the Gameday evolution, there were signs and reciprocal chants saying disparaging
things about the other service, including that the other service "sucks." Similm·ly, there were
limited instances
of
individuals throwing projectiles at others. This type
of
behavior has been
observed at previous editions
of
the A1my-Navy Gmneday evolution.
3
Subj: PRELIMINARY INQUIRY INTO HAND GESTURES MADE DURING ESPN
GAMEDAY
BROADCAST
BEFORE THE ARMY-NAVY
GAME
ON
14
DECEMBER 2019
5.
Opinion: Midshipmen and were playing the circle game without any racist or
white supremacist intent.
a.
Both midshipmen state that they were playing the circle game back and f01ih with cadets
throughout Gameday. The gesture they made is consistent with the gesture made for the circle
game. After the midshipmen made the gesture, several cadets from West Point can be seen
making the same gesture. Midshipman also stated that he believed they were playing
the circle game and can be seen smiling when he notices Midshipman hand before
pushing it down. Midshipman , the roommate
of
Midshipman
, texted Midshipman
"Got
em"
after seeing the gesture on the TV screen
while standing in the main corral. Midshipman explained the text was in reference to the
circle game and that he meant to text
"Got
me" because Midshipman normally says
"Got you" while playing the game. Multiple individuals stated that the circle game is commonly
played at the Naval Academy and in other military and civilian settings. Additionally, when
viewed in context with the other behavior displayed by both midshipmen and cadets during
Gameday, it is reasonable to believe the midshipmen were playing the circle game.
b.
Based on
my
interviews with the suspects, I assess that both Midshipman and
Midshipman were credible when denying having any racist intent. Both midshipmen
exhibited genuine shock and surprise by the entire situation and credibly stated that they were
previously unaware
of
the racist connotation that was recently associated with the gesture. Both
midshipmen adamantly denied supporting or having any association with the "white power"
movement or having any ill intent when displaying the gesture. Their denials are supported by
the statements
of
their friends, roommates, members
of
their chain
of
command, and team
captains who unanimously stated that they have never heard any
of
the midshipmen involved
make a racial or derogatory comment and have never seen or heard about any concerning
behavior by any
of
the midshipmen involved. Background checks by both the Naval Criminal
Investigative Service and the Federal Bureau
ofinvestigation's
Joint Terrorism Task Force for
both midshipmen did not reveal any known association with any racist or supremacist group or
raise any other cause for concern.
c.
There is no evidence that either midshipman intended to convey any type
of
message
through the hand gesture. The evidence indicates they intended
to
play a sophomoric game.
6.
Recommendations:
a.
I recommend no further investigation into this matter.
b.
I recommend training to reemphasize that everything midshipmen do reflects upon the
Naval Academy and the Navy and they should conduct themselves accordingly at all times.
c.
I recommend that future ESPN Gameday events involving the Brigade
of
Midshipmen be
treated as a stand-alone evolution for planning and staffing purposes, to include the assignment
of
an on-site event coordinator. The on-site coordinator would be responsible for providing ad
4
Subj: PRELIMINARY INQUIRY INTO HAND GESTURES
MADE
DURING ESPN
GAMEDAY
BROADCAST
BEFORE THE ARMY-NAVY
GAME
ON
14
DECEMBER
2019
hoc screening
of
and direction to midshipmen selected for special segments
or
placement in high
visibility areas.
d.
I recommend that prior to any planned nationally broadcast television event, such as ESPN
Gameday, all participants receive a media briefing which covers expectations for appearance and
behavior. The media briefing should be conducted in consultation
with
the U.S. Naval Academy
Public Affairs Officer and
the
Commandant's Protocol Officer.
e. I recommend that Midshipman and Midshipman
conduct
be
addressed
through administrative action under the Brigade conduct system,
per
reference (b ), for failure to
use good judgment. Although there is no evidence that either midshipman was intending to
suppmi "white power"
or
were aware that the gesture could
be
interpreted as suppmiing white
power, the hand gestures displayed while in uniform during a live national television broadcast
were unprofessional and
not
in keeping with the standards required
of
all midshipmen.
7.
My preliminary inquiry is complete.
5
: �
