When I got in from lunch, my friend, logic, asked me if had seen the picture on drudge. I said no and told him to hold on while I went and looked at it. When I got there he said that it looked a toy to him. I told him that it was possible. We both started looking on the Internet knowing what our goal was. To post a post pointing out it was a toy to the world.
I had a post typed up, but never found any conclusive proof. I noticed that the gun was being held by the stock, which would be hard to do one handed, and tough to do 2 handed and aim correctly. I found some gi Joes that looked amazingly real. But I could never find the exact gun, or a gun with the front hold in the right place or a vest that looked like the guys. All the Gi Joes I found where just a little off. Either the knee pads where not just right or the clothes where just off.
My friend always believed it was toy, and I deleted the post, because I would have to 110 percent confident if I posted something like that. If I would have found the pics drudge had on his site, I would have posted it, but alas I was too slow.
update: If logic and i had only found this earlier.