Associated Press v. United States Department of Defense

Filing 19

Case 1:06-cv-01939-JSR

Document 19

Filed 06/05/2006

Page 1 of 2

MICHAEL J. GARCIA United States Attorney for the Southern District of New York By: SARAH S. NORMAND (SN-2834) Assistant United States Attorney 86 Chambers Street, Third Floor New York, New York 10007 Telephone: [phone] Fax: [phone]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ASSOCIATED PRESS, Plaintiff, v. UNITED STATES DEPARTMENT OF DEFENSE, Defendant.

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06 Civ. 1939 (JSR) ECF Case

SUPPLEMENTAL DECLARAnON OF RICHARD B. JACKSON

Richard B. Jackson, pursuant to 28 U.S.C. § 1746, declares as follows: 1. I am the same Richard B. Jackson that provided a previous declaration in this case.
2. The statements contained in this declaration are based upon my personal knowledge

and expertise, upon information provided to me in my official capacity, and upon determinations
reached and made in accordance therewith. 3. Due to the nature of my official duties, I am familiar with the policy and practice of the U.S. Armed Forces as they pertain to release of information on prisoners of war (POWs) and detainees, including their photographs, or other public depictions and displays.

Dockets.Justia.com

Case 1:06-cv-01939-JSR

Document 19

Filed 06/05/2006

Page 2 of 2

4. The purpose of this declaration is to supplement my earlier declaration with information regarding the release of the photographs referred to in Paragraph 13 and Exhibit C of the Selsky Declaration and adverse actions taken against US. military personnel for the unauthorized release of photographs of Saddam Hussein and John Walker Lindh.
5. DoD Public Affairs authorized the release of photographs of Sad dam Hussein taken

shortly after his capture. This was an extraordinary case. Saddam Hussein was the head of state and the photographs were released to confirm his identity and to show the proper treatment he received while detained. Pictures taken of Saddam Hussein by soldiers responsible for his care and custody, released at a later date, were unauthorized and contrary to US. policy, as articulated
in Army Regulation (AR) 190-8. Nine US. soldiers are currently undergoing disciplinary

proceedings for taking pictures of Saddam Hussein in confinement and the unauthorized release of those photographs. 6. The image of John Walker Lindh, attached at Exhibit C to the Selsky Declaration?was taken from video footage shot by an independent news organization. At the time the footage was
shot, John Walker Lindh was not in US. government custody. In addition, to my knowledge, this footage was not released by DoD. I am aware of other photographs taken by a US. soldier depicting Mr. Lindh and later published. DoD did not authorize the taking and publication of

these photos. US. military personnel were investigated and the individual involved was disciplined for photographing Mr. Lindh in contravention of US. policy and AR 190-8. Pursuant to 28 US.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct.
Executed this 2nd day of June 2006.

RICHARD ~CKSON Chief, Law VWar Branch Office of The Judge Advocate General Headquarters, Department of the Army Rosslyn, VA

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