Letter to Chuck Hagel, Secretary of Defense - Regarding the Legal Prosecutions for our Servicemembers Who May be Training and Advising Iraqi Forces or Flying Surveillance Missions Over the Country

Letter

Dear Secretary Hagel,

We are concerned about the legal protections for our troops who are currently in Iraq, both protecting American citizens and potentially assisting the Iraqi Security Forces in their fight against the terrorist group ISIL. As you know, in 2011 the Obama Administration proposed leaving a small residual military force in Iraq to do some of the same type of assistance that our military is now being sent back into Iraq to do. However, Iraq and the United States never reached a new agreement on a Status of Forces Agreement (SOFA) to allow that small residual force to stay in the country after the previous agreement expired at the end of 2011. According to the White House and the Department of Defense, the primary reason that the SOFA was not extended in 2011 was that the Iraqi government would not grant legal immunity to our military forces in Iraq. Reportedly, the Iraqi government was open to immunity, but the Obama Administration would only accept immunity protections if the Iraqi parliament would pass a law granting immunity.

Today, as the security situation has deteriorated in Iraq due to the advances of ISIL, President Obama has deployed up to 275 servicemembers to Iraq to provide security for the U.S. Embassy and other American interests in Iraq, and on Thursday announced the deployment of an additional 300 military advisors to Iraq. According to news reports, the American military is also flying manned surveillance flights over Iraq.

Mr. Secretary, while the Administration has announced a diplomatic note providing legal protections for U.S. military personnel, this same Administration insisted in 2011 that an immunity agreement must be ratified by the Iraqi parliament to be valid. If American servicemembers were not safe from legal prosecution in Iraq under a diplomatic note after December 31, 2011, they are not safe from legal prosecution today. While the security situation on the ground is very disturbing, and the United States may need to take action to protect our interests, we are concerned by an apparent double standard when it comes to this Administration and your concern for legal protections for our servicemembers. Either the immunity issue was a political fig leaf in 2011 or our servicemembers are at legal risk today if they enter Iraq. We urgently request that you provide us with answers regarding the legal protections for our servicemembers who may be training and advising Iraqi forces or flying surveillance missions over the country.

Sincerely,

SIGNERS:

Lamborn

Runyan

Jones

Cook

Byrne

Brooks, Mo

Franks

DeSantis

Nugent

Miller, Jeff

Pompeo

Cotton

Aderholt

Lance

LaMalfa

Griffin

Coffman

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