The EO concerning tribunals doesn’t go into effect until 1/1/19. They aren’t enemy combatants by any definition of the law.
Ahhh. Thanks.
Goes into effect *by default* that day if anyone appointed by POTUS hasn’t done anything by then as it was written ;)
But if the pending lawsuits against the Broward officials etc. go in the GOP favor and against the evil doers, can’t the corrupt officials be forced to comply with the court’s ruling?
They don’t have to be enemy combatants. Senator Graham specifically asked Kavanaugh about this during the confirmation hearings.
FWIW, since you mention the EO....
I posted a long, boring analysis of the President’s March 2018 amendments to the Manual for Courts Martial, but I believe it was too long and boring for anyone to read. In that analysis, I noted that part of the Executive Order (Annex 1) takes effect immediately, and part of it takes effect Jan 1, 2019 (Annex 2 and any remainder of the EO).
Below, I found POTUS’ EO and excerpted only the part that states it took effect the date of the EO (March 1, 2018). Even excerpting relevant documents and quotes - it’s still long and boring!
______________________________________________
EXCERPTED: 2018 Amendments to the Manual for Courts-Martial, United States
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 (March 1, 2018).
LINK TO THE ENTIRE EO on Whitehousel.gov: https://www.whitehouse.gov/presidential-actions/2018-amendments-manual-courts-martial-united-states/
_____________________________________________
I searched for Annex 1 (again). I found commentary - note this person seems to say the entire order took effect March 1, which I don’t think is correct because the EO also includes an Annex 2, which takes effect Jan 1, 2019. The commentary states re the EO:
“This order does not reveal the substance of the changes - it refers to an “annex” which is not attached. I located the annex in the federal register where agencies publish proposed rulemaking. links to EO and annex below - the changes are highlighted (additions are underlined - deletion scored out) my prelim review it appears changes add flexibility on the process and permit “designees” of POTUS to do things that were previously only permitted to the military judge if that is not enough here is the full court martial manual.”
I’ll put the link to the commentary, but I don’t know the site well enough to recommend it.
https://the-fringe.com/thread-potus_signed_a_new_executive_order_yesterday_2018_amendments_to_the_manual_for_courts_martial
_____________________________________________
As for Annex 1, I had previously read the copy of the Manual for Courts-Martial annotated with the March 2018 EO’s changes. The new amendments were hi-lighted red text along side the original 2016 manual text. I expected to find that at this commentators link, but what I find is an non-annotated version of the 2016 manual (Not Annex 1). The original version can be used to identify Part II, Part III, and Part IV of the manual specified by the President’s EO. Here’s the link regardless:
https://jsc.defense.gov/Portals/99/Documents/MCM2016.pdf?ver=2016-12-08-181411-957
_____________________________________________
NOte the commentator also links to an article which asks and answers the question of whether or not the Uniform Military Code of Justice (UMCJ) applies to non-military. The answer is “Yes”.
“Article 2 of the Uniform Military Code of Justice (UMCJ) states that just about everyone is subject to the provisions of the code.”
https://www.thebalancecareers.com/punitive-articles-of-the-ucmj-3356861
____________________________________________
I could search farther for the revised/amended text but, having read it before I can say it was very tedious and without a legal background, I wouldn’t want to do it again.
So the take away for me regarding changes that took effect March 1, 2018 was the commentator’s statement, “....it appears changes add flexibility on the process and permit “designees” of POTUS to do things that were previously only permitted to the military judge.”