Posted on 03/02/2018 10:59:58 AM PST by MNDude
By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice (UCMJ), 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows:
Can a military person tell me if the amendments are good or bad?
interesting timing..
The page won’t load for me, can you post the text?
.gov has to be excerpted?
I'm former military (discharged almost 45 years ago) and given that I never ran afoul of the UCMJ I think I'm not qualified to specifically answer that.But given the DJT is now Commander-In-Chief it is,IMO,more likely than not that the changes are a plus for "good order and discipline" in the Armed Forces which,in turn,makes are Forces more "mission ready".
Of course JAG folks as well as those who've served more recently that me would be better qualified to comment.
By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice (UCMJ), 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows:
Section 1. Part II, Part III, and Part IV of the Manual for Courts-Martial, United States, are amended as described in Annex 1, which is attached to and made a part of this order.
Sec. 2. The amendments in Annex 1 shall take effect on the date of this order, subject to the following:
(a) Nothing in Annex 1 shall be construed to make punishable any act done or omitted prior to the date of this order that was not punishable when done or omitted.
(b) Nothing in Annex 1 shall be construed to invalidate the prosecution of any offense committed before the date of this order. The maximum punishment for an offense committed before the date of this order shall not exceed the maximum punishment in effect at the time of the commission of such offense.
(c) Nothing in Annex 1 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the date of this order, and any such nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action shall proceed in the same manner and with the same effect as if the amendments in Annex 1 had not been prescribed.
Sec. 3. (a) Pursuant to section 5542 of the Military
Justice Act of 2016 (MJA), division E of the National Defense Authorization Act for Fiscal Year 2017, Public Law 114-328, 130 Stat. 2000, 2967 (2016), except as otherwise provided by the MJA or this order, the MJA shall take effect on January 1, 2019.
(b) Nothing in the MJA shall be construed to make punishable any act done or omitted prior to January 1, 2019, that was not punishable when done or omitted.
(c) Nothing in title LX of the MJA shall be construed to invalidate the prosecution of any offense committed before January 1, 2019. The maximum punishment for an offense committed before January 1, 2019, shall not exceed the maximum punishment in effect at the time of the commission of such offense.
(d) Nothing in the MJA shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to January 1, 2019. Except as otherwise provided in this order, the MJA shall not apply in any case in which charges are referred to trial by court-martial before January 1, 2019. Except as otherwise provided in this order, proceedings in any such case shall be held in the same manner and with the same effect as if the MJA had not been enacted.
Sec. 4. The Manual for Courts-Martial, United States, as amended by section 1 of this order, is amended as described in Annex 2, which is attached to and made a part of this order.
Sec. 5. The amendments in Annex 2, including Appendix 12A, shall take effect on January 1, 2019, subject to the following:
(a) Nothing in Annex 2 shall be construed to make punishable any act done or omitted prior to January 1, 2019, that was not punishable when done or omitted.
(b) Nothing in section 4 of Annex 2 shall be construed to invalidate the prosecution of any offense committed before January 1, 2019. The maximum punishment for an offense committed before January 1, 2019, shall not exceed the maximum punishment in effect at the time of the commission of such offense.
(c) Nothing in Annex 2 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to January 1, 2019. Except as otherwise provided in this order, the amendments in Annex 2 shall not apply in any case in which charges are referred to trial by court-martial before January 1, 2019. Except as otherwise provided in this order, proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been prescribed.
Sec. 6. (a) The amendments to Articles 2, 56(d), 58a, and 63 of the UCMJ enacted by sections 5102, 5301, 5303, and 5327 of the MJA apply only to cases in which all specifications allege offenses committed on or after January 1, 2019.
(b) If the accused is found guilty of a specification alleging the commission of one or more offenses before January 1, 2019, Article 60 of the UCMJ, as in effect on the date of the earliest offense of which the accused was found guilty, shall apply to the convening authority, in addition to the suspending authority in Article 60a(c) as enacted by the MJA, to the extent that Article 60:
(1) requires action by the convening authority on the sentence;
(2) permits action by the convening authority on findings;
(3) authorizes the convening authority to modify the findings and sentence of a court-martial, dismiss any charge or specification by setting aside a finding of guilty thereto, or change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification;
(4) authorizes the convening authority to order a proceeding in revision or a rehearing; or
(5) authorizes the convening authority to approve, disapprove, commute, or suspend a sentence in whole or in part.
Sec. 7. The amendment to Article 15 of the UCMJ enacted by section 5141 of the MJA shall apply to any nonjudicial punishment imposed on or after January 1, 2019.
Sec. 8. The amendments to Articles 32 and 34 of the UCM enacted by sections 5203 and 5205 of the MJA apply with respect to preliminary hearings conducted and advice given on or after January 1, 2019.
Sec. 9. The amendments to Article 79 of the UCMJ enacted by section 5402 of the MJA and the amendments to Appendix 12A to the Manual for Courts-Martial, United States, made by this order apply only to offenses committed on or after January 1, 2019.
Sec. 10. Except as provided by Rule for Courts-Martial 902A, as promulgated by Annex 2, any change to sentencing procedures:
(a) made by Articles 16(c)(2), 19(b), 25(d)(2) and (3), 39(a)(4), 53, 53a, or 56(c) of the UCMJ, as enacted by sections 5161, 5163, 5182, 5222, 5236, 5237, and 5301 of the MJA; or
(b) included in Annex 2 in rules implementing those articles, applies only to cases in which all specifications allege offenses committed on or after January 1, 2019.
Sec. 11. The amendments to Article 146 of the UCMJ enacted by section 5521 of the MJA and the new Article 146a enacted by section 5522 of the MJA shall take effect on the day after the report for fiscal year 2017 required by Article 146(c) of the UCMJ (as in effect before the MJA’s amendments) is submitted in accordance with Article 146(c)(1), but in no event later than December 1, 2018.
Sec. 12. In accordance with Article 33 of the UCMJ, as amended by section 5204 of the MJA, the Secretary of Defense, in consultation with the Secretary of Homeland Security, will issue nonbinding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to the disposition of charges and specifications in the interest of justice and discipline under Articles 30 and 34 of the UCMJ. That guidance will take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the Attorney General to attorneys for the Federal Government with respect to the disposition of Federal criminal cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.
DONALD J. TRUMP
(3) authorizes the convening authority to modify the findings and sentence of a court-martial, dismiss any charge or specification by setting aside a finding of guilty thereto, or change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification;(4) authorizes the convening authority to order a proceeding in revision or a rehearing; or
(5) authorizes the convening authority to approve, disapprove, commute, or suspend a sentence in whole or in part.
I read the changes. Actually pretty good. Better protection for defendants on appeal and makes more specific crimes related to sexual assaults.
Thanks man :)
I’ll have to do some more digging the referenced annexes that have the real changes aren’t on the web page.
There are some Article 15/NJP changes which commanders deal out for lesser offenses that don’t rise to the level of Courts-martial, but again the details are in the annexes.
I’m guessing it’s the addition of additional types of charges related to IT/technology and maybe some modifications due to recent court cases.
Looks like it doesn’t go into enforcement until January 2019 which gives everyone a chance to get trained and understand the implications.
Just wondering...
Thank you.
I dont recall obummer tampering with this but who knows?
He never cared about the mliitary enough to get involved except trade one a@@hole for 5 murderers.
My dream would be that they could bring treason charges against Kerry for aiding the North Vietnamese during the Vietnam War,
Former military here. These three items are already in the MCM or very close to it. Convening Authority is usually a very high ranking commander who has a lot of leeway on the findings of a court martial he or she orders convened.
Speaking of good order and discipline, when are we going to hear a final ruling on cross dressers in the military. DoD supposedly delivered their recommendation to Trump several weeks ago.
....*smiles*....think DJT just backed
the old M series into a tree to see what falls out....
Yes, Bradley Manning is “technically on duty” as a soldier as long as his appeal of his conviction is active. He is ‘on duty’ but in a no pay status and may not have medical/PX/Commissary rights; but I may be wrong on the medical/PX/commissary part.
Him still being “technically on duty” means that he is in violation of bh0’s pardoning him by his filing to run in this year’s Maryland senatorial primary against the incumbent Dem senator.
I don’t see where they took out “penetration however slight is sufficient to complete the act.” So sodomy is still a UCMJ crime.
Without knowing what is in those I have no idea what this says.
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