Case 2:17-cv-01297-MJP Document 34 Filed 09/14/17 Page 1 of 5 1 The Honorable Marsha J. Pechman 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 10 RYAN KARNOSKI, et al., Case No. 2:17-cv-01297-MJP 11 Plaintiffs, 12 v. DECLARATION OF SAMANTHA EVERETT IN SUPPORT OF 13 DONALD J. TRUMP, in his official capacity as PLAINTIFFS’ MOTION FOR President of the United States, et al., PRELIMINARY INJUNCTION 14 Defendants. NOTE ON MOTION CALENDAR: 15 October 6, 2017 16 ORAL ARGUMENT REQUESTED 17 18 I, Samantha Everett, swear under penalty of perjury under the laws of the United States to 19 the following: 20 1. I am counsel of record for Plaintiffs in this action, am over age 18, and competent 21 to be a witness. I am making this Declaration based on facts within my own personal knowledge. 22 I provide this Declaration in support of Plaintiffs’ Motion for Preliminary Injunction. 23 2. Attached hereto as Exhibit 1 is a true and correct copy of Department of Defense 24 Press Briefing by Secretary Carter on Transgender Service Policies, dated June 30, 2016, 25 available at https://www.defense.gov/News/Transcripts/Transcript-View/Article/822347/ 26 department-of-defense-press-briefing-by-secretary-carter-on-transgender-service/. 27 3. Attached hereto as Exhibit 2 is a true and correct copy of a Statement by 28 Secretary Carter on DOD Transgender Policy, dated July 13, 2015, available at DECLARATION OF SAMANTHA EVERETT IN 2101 Fourth Avenue, Suite 1500 SUPPORT OF PLAINTIFFS’ MOTION FOR NEWMAN DU WORS LLP Seattle, Washington 98121 PRELIMINARY INJUNCTION - 1 (206) 274-2800 [2:17-cv-01297-MJP] Case 2:17-cv-01297-MJP Document 34 Filed 09/14/17 Page 2 of 5 1 https://www.defense.gov/News/News-Releases/News-Release-View/Article/612778. 2 4. Attached hereto as Exhibit 3 is a true and correct copy of a Statement by Chief 3 Pentagon Spokesperson Dana W. White on Transgender Accessions, dated June 30, 2017, 4 available at: https://www.defense.gov/News/News-Releases/News-Release- 5 View/Article/1236145/statement-by-chief-pentagon-spokesperson-dana-w-white-on-transgender- 6 accessions. 7 5. Attached hereto as Exhibit 4 is a true and correct copy of a Politico article 8 entitled “Inside Trump’s snap decision to ban transgender troops,” dated July 26, 2017, available 9 at: http://www.politico.com/story/2017/07/26/trump-transgender-military-ban-behind-the- 10 scenes-240990. 11 6. Attached hereto as Exhibit 5 is a true and correct copy of a New Civil Rights 12 Article entitled “Trump announced his transgender military ban just days after Tony Perkins 13 asked him for it,” dated September 11, 2017, available at: 14 http://www.thenewcivilrightsmovement.com/trump_announced_his_transgender_military_ban_j 15 ust_days_after_tony_perkins_asked_him_for_it. 16 7. Attached hereto as Exhibit 6 are true and correct copies of tweets posted on July 17 26, 2017, from the Twitter feed of President Trump, available at 18 https://twitter.com/realDonaldTrump. 19 8. Attached hereto as Exhibit 7 is a true and correct copy of the President’s August 20 25, 2017 Memorandum for the Secretary of Defense and the Secretary of Homeland Security 21 regarding “Military Service by Transgender Individuals,” available at 22 https://www.whitehouse.gov/the-press-office/2017/08/25/presidential-memorandum-secretary- 23 defense-and-secretary-homeland. 24 9. Attached hereto as Exhibit 8 are true and correct copies of excerpts from the 2011 25 “A Report of the National Transgender Discrimination Survey,” available at 26 http://www.transequality.org/issues/resources/national-transgender-discrimination-survey- 27 executive-summary (highlighting provided). 28 DECLARATION OF SAMANTHA EVERETT IN 2101 Fourth Avenue, Suite 1500 SUPPORT OF PLAINTIFFS’ MOTION FOR NEWMAN DU WORS LLP Seattle, Washington 98121 PRELIMINARY INJUNCTION - 2 (206) 274-2800 [2:17-cv-01297-MJP] Case 2:17-cv-01297-MJP Document 34 Filed 09/14/17 Page 3 of 5 1 10. Attached hereto as Exhibit 9 is a true and correct copy of New England Journal 2 of Medicine Article entitled “Caring for Our Transgender Troops – The Negligible Cost of 3 Transition-Related Care,” dated September 17, 2015 (highlighting provided). 4 11. Attached hereto as Exhibit 10 is a true and correct copy of a RAND Corporation 5 Article entitled “Transgender Troops: Fit to Serve,” dated August 18, 2016, available at 6 http://www.nejm.org/doi/pdf/10.1056/NEJMp1509230 (highlighting provided). 7 12. Attached hereto as Exhibit 11 is a true and correct copy of an August 2017 Palm 8 Center Publication entitled “Discharging Transgender Troops Would Cost 960 Million,” 9 available at http://www.palmcenter.org/wp-content/uploads/2017/08/cost-of-firing-trans- 10 troops.pdf (highlighting provided). 11 13. Attached hereto as Exhibit 12 is a true and correct copy of a March 2015 Palm 12 Center Publication entitled “Open Service by Transgender Members of Israel Defense Forces,” 13 available at http://www.palmcenter.org/wp-content/uploads/2015/05/Israel-Defense-Forces.pdf 14 (highlighting provided). 15 14. Attached hereto as Exhibit 13 are true and correct copies of excerpts from a 16 March 2014 Palm Center Publication entitled “Report of the Transgender Military Service 17 Commission,” available at http://archive.palmcenter.org/files/Transgender%20Military% 18 20Service%20Report.pdf (highlighting provided). 19 15. Attached hereto as Exhibit 14 is a true and correct copy of a Statement by Fifty- 20 Six Retired Generals and Admirals, dated August 1, 2017, available at 21 http://www.palmcenter.org/wp-content/uploads/2017/08/56-GOFO-statement-2.pdf. 22 16. Attached hereto as Exhibit 15 is a true and correct copy of the Declaration of 23 Margaret C. Wilmoth filed in Doe v. Trump, No. 1:17-cv-01597, Dkt. No. 13-13 (D.D.C.), on 24 August 31, 2017. Because Dr. Wilmoth has been ill this week, she has been unable to sign an 25 identical copy of this declaration for use in this litigation. 26 17. Attached hereto as Exhibit 16 is a true and correct copy of a USA Today Article 27 entitled “Accept transgender troops, allow them medical treatment, Adm. Mike Mullen tells 28 Congress,” dated July 25, 2017, available at https://www.usatoday.com/story/news/politics/ DECLARATION OF SAMANTHA EVERETT IN 2101 Fourth Avenue, Suite 1500 SUPPORT OF PLAINTIFFS’ MOTION FOR NEWMAN DU WORS LLP Seattle, Washington 98121 PRELIMINARY INJUNCTION - 3 (206) 274-2800 [2:17-cv-01297-MJP] Case 2:17-cv-01297-MJP Document 34 Filed 09/14/17 Page 4 of 5 1 2017/07/25/accept-treat-transgender-troops-admmike-mullen-tells-congress/508852001. 2 18. Attached hereto as Exhibit 17 is a true and correct copy of an Article from The 3 Hill entitled “Ex-Joint Chiefs chairman tells Congress to allow medical care for transgender 4 troops,” dated July 25, 2017, available at http://thehill.com/policy/defense/343658-former-joint- 5 chiefs-chairman-to-congress-dont-ban-medical-care-for-transgender. 6 19. Attached hereto as Exhibit 18 is a true and correct copy of the biography 7 webpage for Admiral Michael Mullen on the Joint Chiefs of Staff website, obtained from the 8 website http://www.jcs.mil/About/The-Joint-Staff/Chairman/Admiral-Michael-Glenn-Mullen/ on 9 September 13, 2017 (highlighting provided). 10 11 DATED this 14th day of September, 2017 at Seattle, Washington 12 13 ______________________________________ 14 Samantha Everett 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF SAMANTHA EVERETT IN 2101 Fourth Avenue, Suite 1500 SUPPORT OF PLAINTIFFS’ MOTION FOR NEWMAN DU WORS LLP Seattle, Washington 98121 PRELIMINARY INJUNCTION - 4 (206) 274-2800 [2:17-cv-01297-MJP] Case 2:17-cv-01297-MJP Document 34 Filed 09/14/17 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 The undersigned certifies under penalty of perjury under the laws of the United States of 3 America and the laws of the State of Washington that on September 14, 2017, I caused true and 4 correct copies of the foregoing documents to be served by the method(s) listed below on the 5 following interested parties: 6 By Hand Delivery: 7 US Attorney’s Office 700 Stewart St., Suite 5220 8 Seattle, WA 98101-1271 9 By Registered or Certified Mail: 10 Attorney General of the United States Department of Defense U.S. Department of Justice 1400 Defense Pentagon 11 950 Pennsylvania Avenue, NW Washington, DC 20301-1400 Washington, DC 20530-0001 12 Secretary of Defense James N. Mattis President Donald J. Trump 13 1000 Defense Pentagon 1600 Pennsylvania Ave. NW 14 Washington, DC 20301-1000 Washington, DC 20500 15 16 I hereby certify under the penalty of perjury that the foregoing is true and correct. Executed 17 on September 14, 2017 at Seattle, Washington. 18 19 s/Rachel Horvitz Rachel Horvitz, Paralegal 20 21 22 23 24 25 26 27 28 DECLARATION OF SAMANTHA EVERETT IN 2101 Fourth Avenue, Suite 1500 SUPPORT OF PLAINTIFFS’ MOTION FOR NEWMAN DU WORS LLP Seattle, Washington 98121 PRELIMINARY INJUNCTION - 5 (206) 274-2800 [2:17-cv-01297-MJP] Case 2:17-cv-01297-MJP Document 34-1 Filed 09/14/17 Page 1 of 18 Exhibit 1 Case 2:17-cv-01297-MJP Document 34-1 Filed 09/14/17 Page 2 of 18 Department of Defense Press Briefing by Secretary Carter on Transgender Service Policies in the Pentagon Briefing Room Press Operations June 30, 2016 SECRETARY OF DEFENSE ASH CARTER: Good afternoon, everyone.