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I am on my Blackberry, so can't do much research here, but I think we will find that “mens rea” will be discussed elsewhere in the MCM, not on each article.

For example, there will be other requirements for the gmvt to prove, requirements that are applicable to ALL articles. For example, that Def was a member of the armed forces at the time of the incident (or certain other qualifiers,) etc.

Will post when I can.

PS, who is paying my $650 an hour for this? :)

"I am on my Blackberry, so can't do much research here, but I think we will find that “mens rea” will be discussed elsewhere in the MCM, not on each article."

While "mens rea" is not part of the MCM lexicon, there is existing case law where such a principle is explored on appeal on other charges. However, on this charge, intent is not elemental to conviction.

There are many other UCMJ Articles where intent does need to be proven, but this just isn't one of them.

This is one of the difference between the civilian criminal court, and military court.

Again, he'll still (probably) get to "make his case" about why he did it, but just not at trial, only at sentencing.