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DOD TRANSFERS MEMORIAL TO VIRGINIA:
DEFENDERS VOW TO CONTINUE THE FIGHT
August 6, 2024
Arlington, VA - Defend Arlington learned today that the Biden Administration’s Department of Defense (“DOD”), has officially transferred the Reconciliation Memorial to the Commonwealth of Virginia.
Two lawsuits are pending with the DOD including the one filed by the lead plaintiff, Defend Arlington, which are on appeal after the case was dismissed by the lower court in December, paving the way for the desecration of the grave of Moses Ezekiel and the hundreds of other veterans marked by the memorial.
Attorneys for Defend Arlington are optimistic that the Appellate Court will reverse the lower court’s decision, especially in light of the recent Loper Supreme Court decision which affirmed that the courts' ability to review Agency action.
HK Edgerton, an African-American Army veteran and plaintiff in the Defend Arlington lawsuit, said “this is a typical example of the US Government thumbing its nose at the rule of law and using black Americans as an excuse. I and a lot of others don’t agree with it”.
Appellate briefs are due from the Plaintiffs on August 16th. Plaintiffs’ attorneys believe, if successful, the DOD will be required to restore the Memorial to its historic location in Section 16 at Arlington National Cemetery and the transfer would be invalidated.
Defend Arlington, et al filed a lawsuit in Federal Court in early 2023 to halt the removal of the “Peace Monument” after Biden Secretary of Defense Lloyd Austin adopted the Naming Commission recommendation for its removal. The case was dismissed by the Cout on the grounds that they did not have the authority to adjudicate the DOD’s interpretation of the enabling legislation that exempted grave markers from the enabling legislation, the 2021 National Defense Authorization Act.
Supporters of restoring the Memorial are encouraged to call their Member of Congress at 202-224-3121 and encourage them to take all action necessary to restore the Arlington National Cemetery Reconciliation Memorial.
Defend Arlington was established as a citizens group in 2022 to inform the public about the Naming Commission’s recommendation to take down the 1914 “Reconciliation” Memorial at Arlington National Cemetery, and to understand the recommendations. Upon its illegal removal between Hannukah and Christmas 2023, the Committee shifted its focus to restoring the removal, and the lawsuit is one component of the effort. More Information: www.defendarlington.org.
