Analysis
31. Article 103Spies
This paragraph is taken from paragraph 30 (Article 106Spies) of MCM (2016 edition).
This offense is relocated to its current position in conjunction with the Military Justice Act of 2016s 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.
"EO 3/1 - DEATH TO SPIES"? There is only stimulus and response."
Ex post facto. Look into it.
Unless they start doing it after the implementation date their past actions don't fall under the new stuff.
Bookmark, for future reference, because nothing is going to happen to Hillary, or Huma. They could easily get Huma though, because it is very clear she disregarded basic security protocols regarding sensitive data on her mobile devices and computers. She hasn't been arrested yet and I doubt she will. Hillary? I don't think there is a chance in hell anything happens to Hillary. That's just wishful thinking. And to think Hill and Huma "are toast" based on this gibberish nonsense is laughable.
Taking big note.
If they are toast, then it does not look good for the hamster.