A retired general tweeted about first lady Jill Biden. It annoyed the Army, but did not violate rules

WASHINGTON — An Army investigation has found that a retired three-star-general-turned-Pentagon consultant who mocked first lady Jill Biden for supporting abortion did not violate any legal or ethical rules, according to the report obtained by USA TODAY.

But the report, released after a Freedom of Information Act request, concluded that Retired Lt. Gen. Gary Volesky had strayed from the social media guidelines he himself created when he commanded public affairs for the Army. His actions, the report said, brought "negative media attention" to the military.

The controversy underscores the perils of public officials using social media to express personal opinions, and, what, if any, the government can do restrict that speech.

The issue arose in June 2022, after the first lady tweeted her criticism of the Supreme Court’s decision that overturned the constitutional right to abortion. “For nearly 50 years," Biden wrote, ''women have had the right to make our own decisions about our bodies. Today, that right was stolen.”

'Glad to see what you know what a woman is'

Volesky -- a former top spokesman for the Army and recipient of the Silver Star for gallantry in Iraq -- responded in a tweet from his personal account: "Glad to see you finally know what a woman is." His reply appeared to echo conservative complaints about defining gender in the context of transgender rights.

He later deleted the tweet, and was suspended from his job after USA TODAY reported on the matter.

The Army launched its investigation into Volesky's use of social media after a USA TODAY report on the issue. Volesky, though retired from the military, was hired by the federal government to advise the Army.

In June 2022, three days before Volesky posted his tweet, Volesky had notified the Army that he did not intend to renew his $92-per-hour consulting contract that was scheduled to lapse in September, according to the report.

'I've already resigned, I don't know why this would be a big deal'

When the investigator asked Volesky about his tweet, he acknowledged that he’d posted it, and stated, “I’ve already resigned, I don’t know why this would be a big deal.”

A spokesman for Biden declined to comment on the tweets last year.

Experts in civilian-military relations have called Volesky’s response an inappropriate foray into politics for a retired senior officer and paid Pentagon consultant.

Volesky had a high-profile Army career before retiring in 2020.

Hired to bring 'enlightened thinking' to the military

He had been hired through a Pentagon program for retired military brass as an expert with the experience and skills to bring "enlightened thinking" to the military, according to the Pentagon's description of the program. The Army paid $50,046 for his work from November 2020 to August 2021, and $18,952 from September 2021 to June 2022.

The original senior mentor program had almost vanished after an investigation in 2009 by USA TODAY found that retired officers were being paid as much as $330 an hour to advise military services. Most of the mentors were also working for defense firms seeking to sell products to the Pentagon.

Because the retired officers were hired as contractors, few ethics rules applied. In some cases, mentors were paid by the military to run war games involving weapons systems made by their consulting clients. The Pentagon and Congress intervened, requiring the mentors to be hired as government employees, subject to pay caps and required to file public financial disclosure forms.

Volesky’s tweet, and another criticizing former Rep. Liz Cheney, the Republican critic of former President Donald Trump, were later deleted. Volesky had referred to the Jan. 6 select committee that investigated the insurrection at the Capitol as “partisan politics.”

In late June 2022, after USA TODAY reported his tweet about Biden, Army Lt. Gen. Theodore Martin, commander of the Combined Arms Center at Fort Leavenworth, suspended Volesky “from any current and future duties/assignments,” the report said.

The report also noted that federal rules on social media use are permissive when the employee uses a personal account, and the social media post does not refer to their government position and is not made while on the job.

It goes on to refer to the “Army Social Media Guide,” published in 2013, and signed by then-Brig. Gen. Volesky.

“When in a position of leadership, conduct online should be professional…by using social media, you are essentially providing a permanent record of what you say…if you would not say it in front of a formation, do not say it online.” Another portion of the guide, cited in the report reminds Army personnel to “Think, Type and Post:

“’Think’ about the message being communicated and who could potentially view it,” the guidance says. “’Type’ a communication that is consistent with Army values. “’Post’ only those messages that demonstrate dignity and respect for self and others.’”

The report concluded that Volesky’s reply to Biden was made within his “personal capacity.”

It recommended that training for senior mentors emphasize the potential effect of social media on their organization. Nor further action was urged against Volesky, and “that he be notified that this matter is closed.”

Volesky declined a request for comment.

More on social media rules: Biden gets temporary Supreme Court win on social media case but Justice Alito warns of 'censorship'

This article originally appeared on USA TODAY: Army General's tweet about Jill Biden didn't violate rules: report