[Steven W.]

That new 3/1 EO on court martials and military tribunals is SERIOUS stuff. Remember Sessions + RR + Solicitor General bringing the press along to their lunch the other day? Along with Mattis, those are people who needed to sign off on this.

The EO is substantial enough ... but the ANNEX IS 636 PAGES !!!!!

There are themes - one is that it seems white hats have reviewed every single court martial & GITMO hijinx have been identified and loopholes closed i.e. seems that cases won't be deterred because the Court reporter handles something. Also seems those running things get access to a ton of stuff in camera and there are provisions for folks like Julian Assange to appear without exposure. I think there are provisions to try people for crimes they committed in the past and thought they'd gotten away with because of & due to the corruption they were involved with. This is the kind of thing only a savvy JAG would appreciate ... or Andy McCarthy (when it's safe to go to NR lol).

[AzNASCARfan]

Yeah I can answer the importance of that with a single Q like question...

Why an executive order dealing with military tribunals on the day they announce the next day the government will be shut down for an upcoming storm??

[x_plus_one]

EO 3/1 - The DEATH TO SPIES -

Analysis
31. Article 103—Spies
This paragraph is taken from paragraph 30 (Article 106—Spies) of MCM (2016 edition).

This offense is relocated to its current position in conjunction with the Military Justice Act of 2016’s reorganization of the punitive articles and is amended to remove the mandatory death penalty.

2017 Amendment: d. Maximum punishment. As amended, death is the maximum authorized (C) a representative, officer, agent, employee, subject, or citizen of such a government, faction, party, or force.

(3) A thing referred to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense.

(b)(1) No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless—

(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and

(B) the members unanimously determine that any extenuating or mitigating

circumstances are substantially outweighed by any aggravating circumstances,

including the aggravating factors set out in subsection (c).

(2) Findings under this subsection may be based on—

(A) evidence introduced on the issue of guilt or innocence;
(B) evidence introduced during the sentencing proceeding; or
(C) all such evidence.

(3) The accused shall be given broad latitude to present matters in extenuation and mitigation.

(c) A sentence of death may be adjudged by a court-martial for an offense under
this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:

(1) The accused has been convicted of another offense involving espionage or
treason for which either a sentence of death or imprisonment for life was authorized by statute.

(2) In the commission of the offense, the accused knowingly created a grave
risk of substantial damage to the national security.

(3) In the commission of the offense, the accused knowingly created a grave
risk of death to another person
punishment for the offense, rather than a mandatory punishment.

32. Article 103a (10 U.S.C. 903a)—Espionage
a. Text of statute.
(a)(1) Any person subject to this chapter who, with intent or reason to believe that it
is to be used to the injury of the United States or to the advantage of a foreign nation,
communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to
any entity described in paragraph (2), either directly or indirectly, anything described in
paragraph (3) shall be punished as a court-martial may direct, except that if the accused is
found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft
or satellites, early warning systems, or other means of defense or retaliation against large
scale attack, (B) war plans, (C) communications intelligence or cryptographic information,
or (D) any other major weapons system or major element of defense strategy, the accused
shall be punished by death or such other punishment as a court-martial may direct.
(2) An entity referred to in paragraph (1) is—
(A) a foreign government;
(B) a faction or party or military or naval force within a foreign country,
whether recognized or unrecognized by the United States; or..............

http://www.caaflog.com/wp-content/uploads/DOD-2017-OS-0032-0003.pdf

Hillary and Huma are toast.

[little jeremiah]

I am hoping more people chime in over this Court Martials EO, I appreciate your gloss on it.

[little jeremiah]

Is any of the ANNEX hew stuff, or is it all from 2016? It seems some things have been crossed out and new parts added. I am a know-nothing in this regard and hope others will elucidate.

[Vermont Lt]

Have you read that Annex?

You would have to read it with the current Procedural Process in your hand. The annex is a list of changes—but if you read it out of context, it’s jibberish.