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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3; on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,
Defendants.
Case No. 4:21-cv-01236-O
APPENDIX IN SUPPORT OF PLAINTIFFS’ MOTION FOR ORDER TO SHOW
CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT
Ex.
Description
Bates Number(s)
1
Declaration of Navy SEAL 26
0001-0004
2
Declaration of Navy Diver 2
0005-0008
3
Email from Andrew E. Carmichael to Heather G. Hacker (Jan.
24, 2022)
0009-0011
4
Declaration of Navy SEAL 21
0012-0020
5
Declaration of Navy SEAL 13
0021-0023
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 1 of 35 PageID 2816
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 1 of 35 PageID 2816
6
Declaration of Navy SEAL 14
0024-0026
7
Declaration of Navy SEAL 22
0027-0032
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 2 of 35 PageID 2817
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 2 of 35 PageID 2817
Respectfully submitted this 31st day of January, 2022.
KELLY J. SHACKELFORD
Texas Bar No. 18070950
JEFFREY C. MATEER
Texas Bar No. 13185320
HIRAM S. SASSER, III
Texas Bar No. 24039157
DAVID J. HACKER
Texas Bar No. 24103323
MICHAEL D. BERRY
Texas Bar No. 24085835
JUSTIN BUTTERFIELD
Texas Bar No. 24062642
Danielle A. Runyan *
New Jersey Bar No. 027232004
Holly M. Randall *
Oklahoma Bar No. 34763
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
mberry@firstliberty.org
jbutterfield@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org
JORDAN E. PRATT
Florida Bar No. 100958* **
FIRST LIBERTY INSTITUTE
227 Pennsylvania Ave., SE
Washington, DC 20003
Tel: (972) 941-4444
jpratt@firstliberty.org
*Admitted pro hac vice.
** Not yet admitted to the D.C. Bar, but
admitted to practice law in Florida. Practicing
law in D.C. pursuant to D.C. Court of
Appeals Rule 49(c)(8) under the supervision
of an attorney admitted to the D.C. Bar.
/s/ Heather Gebelin Hacker
HEATHER GEBELIN HACKER
Texas Bar No. 24103325
ANDREW B. STEPHENS
Texas Bar No. 24079396
HACKER STEPHENS LLP
108 Wild Basin Road South, Suite 250
Austin, Texas 78746
Tel.: (512) 399-3022
heather@hackerstephens.com
andrew@hackerstephens.com
Attorneys for Plaintiffs
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 3 of 35 PageID 2818
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 3 of 35 PageID 2818
Exhibit 1
Pls.' Mot. for Order to Show Cause App. 0001
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 4 of 35 PageID 2819
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 4 of 35 PageID 2819
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3, on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,
Defendants.
Case No. 4:21-cv-01236-O
DECLARATION OF NAVY SEAL 26
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury as follows:
1.
I am over the age of eighteen and am competent to make this declaration.
2.
I have served as a Navy SEAL since 2014.
3.
I submitted a supplemental declaration in this case on December 24, 2021, which
discusses my efforts to travel to the National Intrepid Center of Excellence (NICoE), a treatment
program for traumatic brain injuries at Walter Reed National Military Medical Center in Bethesda,
Maryland.
Pls.' Mot. for Order to Show Cause App. 0002
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 5 of 35 PageID 2820
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 5 of 35 PageID 2820
4.
I requested temporary duty (TDY) orders that would permit me to travel by car to
this treatment program, which is scheduled for January 31, 2022. My request was still pending at
the time I filed my last declaration.
5.
I received word on January 3, 2022 that my request was officially denied by my
command because I am unvaccinated against COVID-19. I am informed that command is denying
TDY orders to travel for medical care for unvaccinated service members.
6.
My Religious Accommodation request is still pending on appeal, so I cannot be
classified as a “refuser.”
7.
One of the officers in my command was trying to see if I could at least get leave
approved so I could attend the program out of my own pocket.
8.
On January 20, 2022, my senior chief called to tell me that NICoE gave my slot to
someone else.
9.
The same day, I called NICoE myself to verify this information. The woman I spoke
with confirmed that they had to fill my slot because I was unable to get approval to go and their
treatment slots are limited. She said she had recently received a lot of calls from high-ranking
Naval officers asking if they refuse treatment to unvaccinated people. NICoE does not require
vaccination in order to get treatment.
10.
I have now been kept from receiving TBI treatment at this program twice because
of the Navy’s implementation of the COVID-19 vaccination mandate and associated policies
restricting travel for unvaccinated service members, both before and after this Court’s preliminary
injunction was entered.
//
//
Pls.' Mot. for Order to Show Cause App. 0003
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 6 of 35 PageID 2821
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on January 28, 2022.
/s/ Navy SEAL 26
NAVY SEAL 26
Pls.' Mot. for Order to Show Cause App. 0004
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 7 of 35 PageID 2822
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 7 of 35 PageID 2822
Exhibit 2
Pls.' Mot. for Order to Show Cause App. 0005
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 8 of 35 PageID 2823
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3, on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,
Defendants.
Case No. 4:21-cv-01236-O
DECLARATION OF NAVY DIVER 2
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury as follows:
1.
I am over the age of eighteen and am competent to make this declaration.
2.
I underwent extensive training to become a Navy Diver. I completed dive school in
early August 2021, graduating at the top of my class. Because I did so well, I was given my choice
of permanent duty assignments and I received my orders to report to my ultimate permanent duty
station after I completed additional training at another school for four weeks.
3.
After completing that school on September 24, 2021, I was waiting in line to have
my orders to PCS (permanent change of station) stamped and I was given a Page 13 counseling
Pls.' Mot. for Order to Show Cause App. 0006
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 9 of 35 PageID 2824
for not being vaccinated. I told my command that I wanted to file a Religious Accommodation
request (and in fact did), but my command said that didn’t matter, I would not be permitted to
PCS, and that I would be stuck where I am until my final fate with the Navy is determined. The
orders were taken from me and have not been returned so that I can get them stamped.
4.
Since the preliminary injunction was entered, nothing has changed. I still have not
been permitted to PCS despite the fact that I have completed my training here. I have now been at
this location (where I was only supposed to be for four weeks) for four months.
5.
As a result, I am not doing any Diver duties. This is a landlocked location and there
are no other Divers here. I had been working in supply and my assigned responsibilities were to
clean gear, pick lint out of Velcro, and pass out gear.
6.
I anticipate that I will lose my special pays soon because I have not been doing my
special duties (diving and demolition) for so long.
7.
Despite my pending Religious Accommodation request, I am not permitted to leave
base for any reason (including for groceries or gas) without routing a chit to the Commanding
Officer to get permission.
8.
On January 14, 2022, I was informed for the first time that I would need to submit
to weekly testing starting that day, even though I had just finished quarantining for 14 days after
returning to base after Christmas. Testing had never been mentioned to me before as a requirement
to PCS or to be able to do a job on base. Now, I am not allowed in any buildings on base except
for my room (even though I do have a roommate), so I’m not even working anymore because I am
not permitted in the supply room.
9.
Because I had just ended a 14-day isolation yet was suddenly being asked to test, I
perceived that as more discriminatory action being taken against me and declined. But I am willing
Pls.' Mot. for Order to Show Cause App. 0007
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 10 of 35 PageID 2825
to undergo weekly testing if I can PCS and I am not stuck here any longer, and I am willing to
undergo weekly testing at my permanent duty station in Hawaii. In fact, I plan to test this week. I
also wear a mask at all times I am asked to.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on January 28, 2022.
/s/ Navy Diver 2
NAVY DIVER 2
Pls.' Mot. for Order to Show Cause App. 0008
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 11 of 35 PageID 2826
Exhibit 3
Pls.' Mot. for Order to Show Cause App. 0009
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 12 of 35 PageID 2827
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 12 of 35 PageID 2827
1
Heather Hacker
From:
Carmichael, Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>
Sent:
Monday, January 24, 2022 10:34 AM
To:
Heather Hacker; Andrew Stephens; Powell, Amy (CIV); Enlow, Courtney D. (CIV)
Cc:
David Hacker; Mike Berry; Justin Butterfield; Holly Randall; Avallone, Zachary A. (CIV); Robinson,
Stuart J. (CIV); Holland, Liam C. (CIV)
Subject:
RE: Navy SEALs 1-26 v Biden, 4:21-cv-01235
Heather,
Happy to jump on a call. Does 12pm EST work?
We are proposing that the Navy be allowed the authority to manage the employment conditions of Plaintiffs as
necessary; short of involuntary administrative separation and formal discipline (i.e courts-martial/Article 15) for not
receiving the COVID-19 vaccine.
For example, the Navy is seeking to preserve the freedom for its commanders to reassign Plaintiffs from their
current billets and units, cancel orders (including PCS and training orders), and remove them from a deployable and
medically qualified status due to their unvaccinated status during the pendency of the litigation. Given the language
on page 23-24 of the order as well as the fact that NAVADMIN 225/21 and NAVADMIN 256/21 are enjoined as
to Plaintiffs we believe such actions are prohibited by the court’s current order.
Best regards,
Drew
Drew Carmichael
Senior Trial Counsel | United States Department of Justice
Civil Division | Federal Programs Branch
Tel: (202) 514-3346
From: Heather Hacker <heather@hackerstephens.com>
Sent: Monday, January 24, 2022 9:58 AM
To: Carmichael, Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>; Andrew Stephens
<andrew@hackerstephens.com>; Powell, Amy (CIV) <Amy.Powell@usdoj.gov>; Enlow, Courtney D. (CIV)
<Courtney.D.Enlow@usdoj.gov>
Cc: David Hacker <dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Justin Butterfield
<jbutterfield@firstliberty.org>; Holly Randall <hrandall@firstliberty.org>; Avallone, Zachary A. (CIV)
<Zachary.A.Avallone@usdoj.gov>; Robinson, Stuart J. (CIV) <Stuart.J.Robinson@usdoj.gov>; Holland, Liam C. (CIV)
<Liam.C.Holland@usdoj.gov>
Subject: [EXTERNAL] RE: Navy SEALs 1‐26 v Biden, 4:21‐cv‐01235
Drew,
I think we would benefit from some discussion on this. If we had an idea of what specifically you were proposing, it
might be possible for us to enter into a stipulation or joint motion for clarification of the injunction. But we’d need a
little more info first.
Pls.' Mot. for Order to Show Cause App. 0010
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 13 of 35 PageID 2828
2
We’re available to discuss today, let us know.
Heather
From: Carmichael, Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>
Sent: Friday, January 21, 2022 4:56 PM
To: Andrew Stephens <andrew@hackerstephens.com>; Powell, Amy (CIV) <Amy.Powell@usdoj.gov>; Enlow, Courtney
D. (CIV) <Courtney.D.Enlow@usdoj.gov>; Heather Hacker <heather@hackerstephens.com>
Cc: David Hacker <dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Justin Butterfield
<jbutterfield@firstliberty.org>; Holly Randall <hrandall@firstliberty.org>; Avallone, Zachary A. (CIV)
<Zachary.A.Avallone@usdoj.gov>; Robinson, Stuart J. (CIV) <Stuart.J.Robinson@usdoj.gov>; Holland, Liam C. (CIV)
<Liam.C.Holland@usdoj.gov>
Subject: RE: Navy SEALs 1‐26 v Biden, 4:21‐cv‐01235
Counsel,
We plan to seek a stay pending appeal of the Court’s preliminary injunction order to the extent it precludes
Defendants from making the assignment and reassignment decisions that the military deems appropriate, taking into
account Plaintiffs’ vaccination status, including with respect to deployment and training.
Could you please let us know your position on such a stay? We plan to file on Monday so please let us know your
position by 10am EST Monday. Thank you and have a nice weekend.
Best regards,
Drew
Drew Carmichael
Senior Trial Counsel | United States Department of Justice
Civil Division | Federal Programs Branch
Tel: (202) 514-3346
From: Andrew Stephens <andrew@hackerstephens.com>
Sent: Thursday, January 20, 2022 10:44 AM
To: Powell, Amy (CIV) <Amy.Powell@usdoj.gov>; Enlow, Courtney D. (CIV) <Courtney.D.Enlow@usdoj.gov>; Heather
Hacker <heather@hackerstephens.com>
Cc: David Hacker <dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Justin Butterfield
<jbutterfield@firstliberty.org>; Holly Randall <hrandall@firstliberty.org>; Carmichael, Andrew E. (CIV)
<Andrew.E.Carmichael@usdoj.gov>; Avallone, Zachary A. (CIV) <Zachary.A.Avallone@usdoj.gov>; Robinson, Stuart J.
(CIV) <Stuart.J.Robinson@usdoj.gov>; Holland, Liam C. (CIV) <Liam.C.Holland@usdoj.gov>
Subject: [EXTERNAL] RE: Navy SEALs 1‐26 v Biden, 4:21‐cv‐01235
Amy,
We are planning to file an amended complaint which is likely to change the scope of discovery. Once we get the
amended complaint on file we’ll get you a draft 26(f) report.
Andrew
Pls.' Mot. for Order to Show Cause App. 0011
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 14 of 35 PageID 2829
Exhibit 4
Pls.' Mot. for Order to Show Cause App. 0012
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 15 of 35 PageID 2830
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3, on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,
Defendants.
Case No. 4:21-cv-01236-O
DECLARATION OF NAVY SEAL 21
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury as follows:
1.
I am over the age of eighteen and am competent to make this declaration.
2.
I have served as a Navy SEAL since 2011.
3.
I am assigned to SEAL Team 5 along with Navy SEAL 25. I object to receiving a
COVID-19 vaccination based on my sincerely held religious beliefs. I submitted a request for
Religious Accommodation to the Navy in October 2021. It is still pending.
4.
I have since been kicked out of my platoon. Navy SEAL 25 and I were forced to
turn in our gear (helmets, armor plates, etc.) that we need for training with our Team. We have
Pls.' Mot. for Order to Show Cause App. 0013
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 16 of 35 PageID 2831
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 16 of 35 PageID 2831
been unable to participate in training with our Team and have been standing watch at a desk instead
when we report for work. The command told us that we need to focus on getting out of the Navy,
not training.
5.
Even after this Court issued the preliminary injunction, Navy SEAL 25 and I have
not been given our gear back, nor have we been permitted to train with our Team. If we cannot
train with our Team, we cannot be deployed with our Team. Instead, we have been grouped
together with another SEAL who submitted a Religious Accommodation request (RA) and was
kicked out of his platoon.
6.
I was scheduled to take the Chiefs examination in January 2022.
7.
On January 10, 2022, I was informed by my command that I was ineligible to take
the Chief exam due to NAVADMIN 225/21 paragraph 7.D, because I am “refusing the vaccine.”
A true and correct copy of the email I received is attached to this Declaration as Exhibit A.
8.
My RA is still pending, so I am not a “refuser.”
9.
On January 17, I received an email from my command stating that Group changed
their minds and would allow me to take the Chief exam “in case things get over turned.” The email
also reminded me to upload my current evaluation from my Team commander, which is required
as part of the promotion process. A true and correct copy of the email I received is attached to this
Declaration as Exhibit B.
10.
I took leave on January 18. When I returned on January 24, I learned that Navy
SEAL 25 and the other SEAL with an RA had been ordered to pull weeds around the command
and stand overnight watches on weapons for our old platoon. These are not typical duties and I’ve
never heard of anyone outside a platoon to be assigned to watching the platoon’s weapons.
Pls.' Mot. for Order to Show Cause App. 0014
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 17 of 35 PageID 2832
11.
On January 24, 2022, I took the Chiefs examination. On my paperwork, however,
it stated explicitly that I was unable to promote pursuant to NAVADMIN 225/21 due to being
unvaccinated.
12.
According to the typical promotion process, my Chief would show me my
evaluation long before the advancement test and go over it with me. I never received it. I’ve since
learned that my Team did my evaluation for last year but I have not been allowed to see it.
13.
On January 25, SEAL 25, the other SEAL with an RA, and I were told by our Chief
that our job was to walk around the base and pick up trash and clean up. Afterward, we have to
report back to the Chief and tell him what we picked up or cleaned up.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on January 28, 2022.
/s/ Navy SEAL 21
NAVY SEAL 21
Pls.' Mot. for Order to Show Cause App. 0015
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 18 of 35 PageID 2833
Exhibit A
Pls.' Mot. for Order to Show Cause App. 0016
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 19 of 35 PageID 2834
From: Clark, Eilene A PO1 USN USSOCOM SOCOM (USA) <eilene.a.clark.mil@socom.mil>
Sent: Monday, January 10, 2022 11:44 AM
To: SEAL 21
PO1 USN USSOCOM NSW (USA) <
@socom.mil>
Subject: RE: Chief exam
Hey
,
In NAVADMIN 225/21 paragraph 7. D. states members refusing the vaccine are ineligible to
take the advancement exam. Im in my office if you want to talk in person or I can call you and answer
any questions.
v/r
NC1(EXW/SCW/SW/AW) Clark, Eilene
SEAL Team FIVE
Command Career Counselor
NIPR: eilene.a.clark.mil@socom.mil
SIPR: eilene.a.clark.mil@socom.smil.mil
Green: 619-537-3151 San Diego
Cell:
(whats app, Signal)
From: SEAL 21
PO1 USN USSOCOM NSW (USA) <
@socom.mil>
Sent: Monday, January 10, 2022 11:08 AM
To: Clark, Eilene A PO1 USN USSOCOM SOCOM (USA) <eilene.a.clark.mil@socom.mil>
Subject: Chief exam
PO1,
I just talked to Harvey about the Chief exam. He said he talked to you and I am unable to take the Chief’s
exam. Is this true? What would be the reason that I cannot take it?
Pls.' Mot. for Order to Show Cause App. 0017
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Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 20 of 35 PageID 2835
V/R
SO1 SEAL 21
SEAL Team 5
Pls.' Mot. for Order to Show Cause App. 0018
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 21 of 35 PageID 2836
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 21 of 35 PageID 2836
Exhibit B
Pls.' Mot. for Order to Show Cause App. 0019
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 22 of 35 PageID 2837
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 22 of 35 PageID 2837
Pls.' Mot. for Order to Show Cause App. 0020
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 23 of 35 PageID 2838
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 23 of 35 PageID 2838
Exhibit 5
Pls.' Mot. for Order to Show Cause App. 0021
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 24 of 35 PageID 2839
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 24 of 35 PageID 2839
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3, on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,
Defendants.
Case No. 4:21-cv-01236-O
DECLARATION OF NAVY SEAL 13
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury as follows:
1.
I am over the age of eighteen and am competent to make this declaration.
2.
I have served as a Navy SEAL since 2011.
3.
I submitted declarations in support of the preliminary injunction in this case on
November 24 and December 16, 2021, which discuss the fact that I was removed from a four-
month course (despite completing over half) for submitting a Religious Accommodation (RA)
request.
Pls.' Mot. for Order to Show Cause App. 0022
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 25 of 35 PageID 2840
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 25 of 35 PageID 2840
4.
The course was for a critical qualification for being at my current command and for
being in the position of Lead Petty Officer (LPO), which I was at the time.
5.
I was subsequently removed from my leadership position and replaced with another
E6 who doesn’t have the course qualification I would have had if I had not been removed from the
course.
6.
I have not been offered a chance to complete the course or resume my leadership
duties.
7.
I have seventeen years of service, and only have three left until retirement.
8.
As a result of being removed from my milestone leadership position, I will not be
eligible for promotion to E7, despite the fact that I took my Chief examination on January 26,
2022.
9.
If I cannot promote to the next pay grade (as I would have had I been able to
complete the course and remain in my LPO position), I will be forced to retire at a lower pay grade,
which affects my pension.
10.
I think my command expects me to be kicked out of the Navy soon. I am not being
allowed to deploy or even to train. Most of the time, I do not even have to come into work because
there is nothing for me to do.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on January 29, 2022.
/s/ Navy SEAL 13
NAVY SEAL 13
Pls.' Mot. for Order to Show Cause App. 0023
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 26 of 35 PageID 2841
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 26 of 35 PageID 2841
Exhibit 6
Pls.' Mot. for Order to Show Cause App. 0024
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 27 of 35 PageID 2842
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 27 of 35 PageID 2842
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3, on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,
Defendants.
Case No. 4:21-cv-01236-O
DECLARATION OF NAVY SEAL 14
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury as follows:
1.
I am over the age of eighteen and am competent to make this declaration.
2.
I have served as a Navy SEAL since 2014. I have deployed three times in support
of combat operations and I have received several awards for my service.
3.
I was scheduled to leave for Officer Candidate School (OCS) on January 2, 2022.
4.
My OCS orders were cancelled because I am unvaccinated and have a pending
Religious Accommodation request. I was told that it was up to the SEAL Officer Community
Manager as to whether I would get to go in the future.
Pls.' Mot. for Order to Show Cause App. 0025
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 28 of 35 PageID 2843
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 28 of 35 PageID 2843
5.
OCS is held approximately every three weeks throughout the year.
6.
I have not been given OCS orders since the preliminary injunction was issued.
7.
In the meantime, I have been teleworking with the permission of my command.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on January 30, 2022.
/s/ Navy SEAL 14
NAVY SEAL 14
Pls.' Mot. for Order to Show Cause App. 0026
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 29 of 35 PageID 2844
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 29 of 35 PageID 2844
Exhibit 7
Pls.' Mot. for Order to Show Cause App. 0027
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 30 of 35 PageID 2845
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 30 of 35 PageID 2845
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3, on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,
Defendants.
Case No. 4:21-cv-01236-O
DECLARATION OF NAVY SEAL 22
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury as follows:
1.
I am over the age of eighteen and am competent to make this declaration.
2.
I have served as a Navy SEAL since 2009.
3.
I submitted a declaration in support of the preliminary injunction in this case on
November 24, 2021, which discusses the fact that before filing my Religious Accommodation
request in October 2021, I was supposed to transfer from a training detachment to a SEAL Team
for a milestone position as a platoon chief. Because of my pending Religious Accommodation
Pls.' Mot. for Order to Show Cause App. 0028
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 31 of 35 PageID 2846
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 31 of 35 PageID 2846
(RA) request, I had not been able to formally transfer to the Team. I stated that I feared that I would
lose my milestone position as a platoon chief because of this.
4.
My fear has since come to pass. I have been removed from my milestone position
as platoon chief. And since the preliminary injunction was entered, I have not been restored to that
position nor permitted to transfer commands.
5.
Being removed from my milestone position will have drastic consequences for my
career and Leading Chief Petty Officer evaluations. I cannot advance without completing that
milestone position.
6.
On January 28, 2022, I was told by my command that I will not be permitted to
attend a training course along with the other members of my training cell.
7.
On January 31, I received an email confirming that I was denied permission to
attend the training because I am unvaccinated, even though I have a pending RA request. A true
and correct copy of the email I received is attached to this declaration as Exhibit A.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on January 31, 2022.
/s/Navy SEAL 22
NAVY SEAL 22
Pls.' Mot. for Order to Show Cause App. 0029
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 32 of 35 PageID 2847
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 32 of 35 PageID 2847
Exhibit A
Pls.' Mot. for Order to Show Cause App. 0030
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 33 of 35 PageID 2848
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 33 of 35 PageID 2848
From: Saltzman, Sheldon J SCPO USN USSOCOM NSW (USA) <sheldon.saltzman@socom.mil>
Sent: Monday, January 31, 2022 10:14 AM
To: SEAL
CPO USN USSOCOM NSW (USA)
@socom.mil>
Subject: RE: Flight‐1 COI
,
This is what I received from Quinn.. Sorry bro.
Below is the direct quote from LT Leatham the NSWG1 JAG.
Pursuant to SOCOM FRAGO 34, attached, SOC may NOT conduct official travel
without SOCOM approval.
24.C.1. (U) INDIVIDUALS NOT FULLY VACCINATED, OR WHO DECLINE TO PROVIDE
INFORMATION ABOUT THEIR VACCINATION STATUS, ARE LIMITED TO MISSION‐
CRITICAL OFFICIAL TRAVEL, BOTH DOM ESTIC AND INTERNATIONAL. 24.C.2.
MISSION‐CRITICAL IS DEFINED AS TRAVEL NECESSARY TO EXECUTE ACTIVITIES TO
SUPPORT SOCOM MISSION ACCOMPLISHMENT AND CANNOT BE CONDUCTED BY
ANYONE OTHER THAN THE IDENTIFIED TRAVELER. 24.C.3. (U) CDRUSSOCOM IS
THE APPROVAL AUTHORITY FOR ANY MISSION‐CRITICAL TRAVEL BY INDIVIDUALS
WHO ARE NOT FULLY VACCINATED OR WHO DECLINE TO PROVIDE INFORMATION
ABOUTTHEIR VACCINATION STATUS. THIS AUTHORITY IS DELEGATED TO THE
DCDR AND THE VCDR.
Very Respectfully,
SOCS Sheldon "Salty" Saltzman
NSWG‐1 TRADET / Maritime & Mobility SEA
Office: 619‐537‐3775
Cell:
From:
CPO USN USSOCOM NSW (USA)
@socom.mil>
Sent: Monday, January 31, 2022 10:05 AM
To: Saltzman, Sheldon J SCPO USN USSOCOM NSW (USA) <sheldon.saltzman@socom.mil>
Subject: RE: Flight‐1 COI
Salty,
Can you forward the email with the details of why I cannot attend the Flight‐1 COI?
SEAL 22
SEAL 22
Pls.' Mot. for Order to Show Cause App. 0031
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 34 of 35 PageID 2849
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 34 of 35 PageID 2849
Thanks.
Very Respectfully,
SOC
@socom.mil
@socom.smil.mil
Cell:
From:
CPO USN USSOCOM NSW (USA)
Sent: Friday, January 28, 2022 10:54 AM
To: Mangini, Kevin J SCPO USN USSOCOM NSW (USA) <kevin.mangini@socom.mil>
Cc: Saltzman, Sheldon J SCPO USN USSOCOM NSW (USA) <sheldon.saltzman@socom.mil>
Subject: Flight‐1 COI
MC,
There is an open spot for the flight‐1 COI in Florida that I would like to attend to stay current on my MFF
qualifications. AOT‐E qualifications are not easy or cheap to get and to stay current I need to attend the
COI. I’m also hearing that jumping might be very limited this year and to take advantage of this
opportunity while its here.
Who: SOC
What: Flight One canopy COI
Where: Deland, Florida
When: 14 – 20 Feb, 2022.
Why: Sustainment and currency. There is an open slot for the course and I have been invited to attend.
I do not believe I am under any restrictions to travel but have been advised to notify you and get your
blessing.
This is not on a military base and is run by civilians.
Very Respectfully,
SOC
@socom.mil
@socom.smil.mil
Cell:
SEAL 22
SEAL 22
Pls.' Mot. for Order to Show Cause App. 0032
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 35 of 35 PageID 2850
Case 4:21-cv-01236-O Document 97 Filed 01/31/22 Page 35 of 35 PageID 2850