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To: hoosiermama; freepersup; exit82; gubamyster; weston

You will also see underlined statements meaning they were added. This too took some major time and effort to sort through. But here's one example of changes made:

The first section of the page I've given you, before Trump's signature, is basically a plethora of statements that no persons will be charged retroactively to any new laws or rules implemented by DJT's additions and deletions. In fact, most of the changes made have more to..do with introduction of civilians components to the military courts AND to the scope to which the MCM can applied. There are some rights of the accused removed, and there are some new restrictions placed on sealing information. You may want to read this in your spare time.

There's something more to this. "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."

Do you see that? An introduction of the Attorney General (William Barr), to provide guidance to the military courts.

3. It's important to understand that the UCMJ itself was also altered, a 1st since 1984. So, what were the other presidents updating and altering? Why were there so many changes made the MCM and NOT to the UCMJ? Are you starting to get a clear picture here folks?

"The revamped system went live on Jan. 1, the first update to the UCMJ since 1984, and, according to officials, the biggest set of changes since the code was enacted after World War II."

The changes made by the previous administrations since 1984...

..changed the MCM, which can and does have the ability to affect the civilian population. But, no president since 1984 has actually updated the code for uniformed service members. In his "Promises Made, Promises Kept" actions, has once again PROVEN he cares about our Troops.

I bet you only heard about the recent civilian criminal justice reform, didn't you? Did you even know POTUS was working to better our military legal system as well?

Sooo...are you ready for this?

"Rule 201. Jurisdiction in general (1) Courts-martial have exclusive jurisdiction of purely military offenses.

(2) An act or omission which violates both the UCMJ and local criminal law, foreign or domestic, may be tried by a court-martial, or by a proper civilian tribunal... foreign or domestic, or, subject to R.C.M. 907(b)(2)(C) and regulations of the Secretary concerned, by both.

3) Where an act or omission is subject to trial by court-martial and by one or more civil tribunals, foreign or domestic, the determination which nation, state, or...agency will exercise jurisdiction is a matter for the nations, states, and agencies concerned, and is not a right of the suspect or accused."

See? An act or omission which violates BOTH the UCMJ AND LOCAL CRIMINAL LAW, FOREIGN OR DOMESTIC, MAY BE TRIED BY A COURT-MARTIAL.

"and, the choice of where to have the court-martial held is NOT a right of the suspect or the accused."

They can be taken anywhere the government sees fit, including GITMO.

"Rule 304. Pretrial restraint "(b) Who may order pretrial restraint.

(1) Of civilians and officers....Only a commanding officer to whose authority the civilian or officer is subject may order pretrial restraint of that civilian or officer.

(2) Of enlisted persons. Any commissioned officer may order pretrial restraint of any enlisted person.

Delegation of authority....The authority to order pretrial restraint of civilians and commissioned and warrant officers may not be delegated. (3) Civilian witnesses and evidence not under the control of the Government—subpoenas.

(A) In general. The presence of witnesses not on active duty and...evidence not under control of the Government may be obtained by subpoena."

Civilian witnesses can be ordered to appear by military court subpoena and civilian suspects can be arrested and be detained by the military.

"Rule 806. Public trial (a) In general. Except as otherwise provided in this rule, courts-martial shall be open to the public. For purposes of this rule, “public” includes members of both the military and civilian communities."

Shall be open to the public, BRING THE POPCORN!

"Rule 809. Contempt proceedings

(1) In general. The place of confinement for a civilian or military person who is held in contempt and is to be punished by confinement shall be designated by the judicial officer who imposed punishment for contempt..."

That sections says civilians can be held in contempt of military courts-martial.

"Rule 305. Warnings about rights

(1) United States Civilian Interrogations. When a person subject to the code is interrogated by an official or agent of the United States, of the District....of Columbia, or of a State, Commonwealth, or possession of the United States, or any political subdivision of such a State, Commonwealth, or possession, the person’s entitlement to rights warnings and the validity

of any waiver of applicable rights will be determined by....the principles of law generally recognized in the trial of criminal cases in the United States district courts involving similar interrogations."

This is a section EXCLUSIVELY authorizing and citing rules for civilian interrogations by the military.

"16. Article 90 (10 U.S.C. 890)—Willfully disobeying superior commissioned officer

a. Text of statute. Any person subject to this chapter who willfully disobeys a lawful command of that person’s superior commissioned officer shall be punished—

(1) if the offense is....committed in time of war, by death or such other punishment as a court-martial may direct; and 282

(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

"(3) Civilians and discharged prisoners....A discharged prisoner or other civilian subject to military law (see Article 2) and under the command of a commissioned officer is subject to the provisions of this article."

Here we see Civilians again, along with discharged prisoners. This section almost sounds like...."post confinement", the civilian may have a requirement to subject themselves to military law. And, when under the control of a Courts-Martial, they are held liable to the military requirement to follow the lawful command of any commissioned officer in charge of them.

"27. Article 99 (10 U.S.C. 899)—Misbehavior before the enemy

(b) Enemy. Enemy includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians..."

This section is quite confirming. It is directing that the US military MUST adhere to a certain level of professionalism while dealing with the enemy. In that section, there is a definition for the term "Enemy", which includes "civilians", regardless of where they're from.

ALL of those sections I've quoted above are found in Trump's Executive Order 13825. I would say...he's got the bases covered, as it's now the LAW.

file:///C:/Users/Operators/Desktop/13825.pdf

So, I believe I've covered the first task I wanted to address which was:

"Who has ultimate authority over our branches of military w\o approval conditions unless 90+ in wartime conditions?

What is the military code?"

So, we've established, @realdonaldtrump has ultimate authority over our branches of military via the constitution, the war....powers act, and as the command in chief responsible for establishing and controlling the Manual for Courts-Martial and the Uniform Code of Military Justice.

The next section I wanted to address is:

"POTUS knew removing criminal rogue elements as a first step was....essential to free and pass legislation. Who has access to everything classified?"

So, my first thought about this passage was that POTUS was taking out bad FBI, bad ClA, bad DOJ, etc...in order to have a good, honest crew to prosecute crimes as they occurred

I still believe that's the case, BUT, those people aren't in control of freeing and passing legislation!

Do you see the difference? Who frees and passes legislation? CONGRESS! Guess what, not all the criminals from congress have been removed and any person with common sense.....can tell there are ABSOLUTELY still blockades in the House and the Senate that are deterring and impeding good legislation. Just yesterday Trump's immigration reform went out and, without even looking it over, Pelosi and every other democrat immediately objected.


3,131 posted on 05/18/2019 6:03:40 PM PDT by STARLIT (Jesus is the Light of the wohttps://i.postimg.cc/j5rld. In fact,there is no light other than Christ.)
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To: NIKK

Jeanine Pirro

Verified account

@JudgeJeanine
5m5 minutes ago

I told you more than a year ago former FBI Director Comey was the head of his own crime family & that he ran the upper echelon of the FBI like an organized criminal enterprise.... The rank and file wouldn’t have tolerated this. Even Barr questioned it. #OpeningStatement

https://twitter.com/i/status/1129917083532181505

8:56


3,132 posted on 05/18/2019 6:17:47 PM PDT by exit82 (Democrats are unfit to govern--they hate America, the Constitution and those they don't agree with.)
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To: freepersup; exit82; gubamyster

https://twitter.com/40_head/status/1129606979062603776

the rest of the thread.


3,136 posted on 05/18/2019 7:30:26 PM PDT by STARLIT (Jesus is the Light of the wohttps://i.postimg.cc/j5rld. In fact,there is no light other than Christ.)
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To: NIKK

I got interested in checking out Trump’s changes to the USMCJ last January when it went into effect. But gave up because it was very difficult to understand. This guy has done all the heavy research and made it more understandable.
Thank you so much for posting.


3,137 posted on 05/18/2019 7:43:39 PM PDT by weston (As far as I'm concerned, it's Christ or nothing)
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