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CHAIRMAN OF THE JOINT CHIEFS OF STAFF
WASHINGTON , DC
20318-9999
The Honorable William M. "Mac" Thornberry
Chairman
Committee on Armed Services
United States Senate
Washington, DC 20510
Dear Mr. Chairman:
Thank you for your 23 September 2016 letter regarding the President's veto of the Justice
Against Sponsors of Terrorism Act. I have read Secretary Carter's response, and share his
concerns on the potential second- and third-order consequences of such legislation. As you
deliberate, I would ask that you consider the following issues that affect the Joint Force.
•
Any legislation that risks reciprocal treatment by foreign governments would increase the
vulnerability of U.S. Service members to foreign legal action while acting in an official
capacity. For example, U.S. Service members, especially those supporting counterterrorism
operations, could be subjected to a foreign court's jurisdiction if it is alleged that they took
actions that violated a foreign state's law. Whether the allegations are ultimately proven to
be without merit is not an adequate guide, as the service members will have already been
subjected to the foreign court's litigation process.
•
In those cases where a foreign government decides to exercise jurisdiction over a U.S.
Service member, the Service member could be held in civil, or criminal, contempt should
they refuse to appear or otherwise comply with the foreign court's orders. This concern
would extend to cases where the United States would be at risk of substantial monetary
damages, which could lead to attempts to seize U.S. military property overseas in order to
satisfy any monetary awards.
• If a U.S. Service member were to be sued in a foreign court, it would be up to the foreign
court to decide whether classified or sensitive U.S. Government information would be
required as part of the litigation process. This could put the United States in the position of
choosing between the disclosure of classified or sensitive information, and subjecting a U.S.
Service member to an adverse foreign court ruling.
Finally, regardless of the specific legislation being considered, any legislation that effects
the long-standing principles of sovereignty should carefully consider any risks to the close
security cooperation relationships between the United States and our allies and partners.
Sincerely,
cc:
The Honorable Adam Smith
Ranking Member