Politico tells Josh Hawley to stop using its photo of him at Capitol riot on campaign merchandise

‘We did not authorize its use by the Hawley campaign for the purpose of political fundraising,’ say lawyers for Politico, which owns the photo

The owner of an infamous photo of Senator Josh Hawley pumping his fist on the day of the Capitol riot has asked him to stop putting it on his campaign merchandise.

The picture, taken on 6 January 2021, shows the Missouri Republican raising his fist as he looks toward a crowd of Donald Trump supporters protesting the certification of Joe Biden’s election victory. Hours later, those protesters stormed the Capitol.

At the time, many critics saw the fist gesture as a disgraceful show of support for an insurrection – an interpretation that Mr Hawley denies – and the photo as a potentially career-ending embarrassment.

Mr Hawley evidently didn’t see it that way. Last month, his campaign began emblazoning the image on mugs, T-shirts, and beer koozies for sale on its website.

Now the news website Politico, which owns the photo, has asked it to stop.

“We did not authorize [the photo’s] use by the Hawley campaign for the purpose of political fundraising, which the campaign has been put on notice of by legal counsel,” Brad Dayspring, a spokesperson for Politico, told E&E News. “We eagerly await a response, but in the interim again respectfully ask that the campaign immediately cease and desist unauthorized use of the image.”

The photo was taken by Francis Chung, a photographer for E&E News. About a year ago, Politico bought E&E. The news site is accusing Mr Hawley’s campaign of copyright infringement, and says it sent a cease-and-desist letter last month.

Politico accused Josh Hawley of copyright infringement by using this photo on campaign materials (AP)

Mr Hawley’s campaign denies ever receiving the letter.

“We haven’t received any correspondence from Politico or anyone else, but we are in full compliance with the law,” Kyle Plotkin, a spokesperson for the campaign, told E&E. “Perhaps Politico can show us the correspondence they sent to the many liberal groups who also used the photo.”

Mr Hawley has also denied that the image links him to the Capitol riot, pointing out that when he pumped his fist, the crowd was still peaceful.

“It is not a pro-riot mug,” the senator told HuffPost. “This was not me encouraging rioters.”

Missouri Senator Josh Hawley is selling mugs with an image from 6 January 2021 – the day of the insurrection (Hawley campaign)

In a fundraising email, however, Mr Hawley’s campaign appeared to relish the controversy.

“Liberals are so easily triggered, and this new mug is really whipping the left into a frenzy!” the campaign said as it unveiled the merchandise. “Josh isn’t scared – he’s show-me strong! This Made in America mug is the perfect way to enjoy Coffee, Tea, or Liberal Tears!”

The Independent has reached out to Mr Hawley’s office for further comment.