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A Courts-Martial & Tribunal Thread.
Exec. Order 13825: 2018 Amendments to the Manual for Courts-Martial, United States.
"ANNEX 2" Amendments took effect, 01.01.2019.
"ANNEX 1" Amendments took effect on the date of this Order, 03.01.2018.
Source: https://www.federalregister.gov/documents/2018/03/08/2018-04860/2018-amendments-to-the-manual-for-courts-martial-united-states
Exec. Order 13825: 2018 Amendments to the Manual for Courts-Martial, United States.
"ANNEX 2" Amendments took effect, 01.01.2019.
"ANNEX 1" Amendments took effect on the date of this Order, 03.01.2018.
Source: https://www.federalregister.gov/documents/2018/03/08/2018-04860/2018-amendments-to-the-manual-for-courts-martial-united-states
1) The Uniform Code of Military Justice (UCMJ) provides for four different types of courts-martial: Summary, Special, General, and Joint Jurisdiction (ANNEX 1) https://www.usmilitarylawyer.com/types-of-court-martial.asp
2) U.S. military tribunals are courts designed to try members of enemy states/forces and civilians accused of being unlawful/enemy combatants acting in violation of the laws of war (ANNEX 2). Judges are military officers and fulfill the role of jurors. https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3967&context=californialawreview
3) The term "unlawful combatant" (equal to enemy combatant) is long established and has been used for the past century in legal literature, military manuals, and case law. https://en.wikipedia.org/wiki/Unlawful_combatant
4) Touched on by Graham and Kavanaugh, the Military Commissions Act of 2006 codified legal definition of "enemy combatant" and invests the U.S. President with broad discretion to determine who may be designated an unlawful enemy combatant under U.S. law.
5) Military tribunals have been used by Presidents Washington, Jackson, Lincoln, and FDR. The most prominent U.S. civilians tried in this way were Democrat politicians Clement L. Vallandigham, Lambdin P. Milligan, and Benjamin Gwinn Harris. All were convicted.
6) In the modern era, politicized activist groups such as the ACLU have attempted to diminish and confuse the importance of military tribunals throughout U.S. history, advocating for their abolishment. https://www.theacru.org/2010/07/20/aclu_buries_american_history_on_military_trials/
7) Considered by many one of the most important cases in regards to protecting the liberties of American citizens, Supreme Court case "Ex parte Milligan" (1866) ruled against civilian military tribunals when civilian courts are operational. http://sites.gsu.edu/us-constipedia/ex-parte-milligan-1866/
8) Though the 1866 Supreme Court agreed with Milligan's argument 9-0, the majority disagreed with the idea Congress didn't have the power to authorize military tribunals for civilians. The majority also laid out the three situations where military tribunals were appropriate.
9) âThe 1st of these may be called jurisdiction under MILITARY LAW, and is found in acts of Congress prescribing rules and articles of war, or otherwise providing for the government of the national forcesâ
10) âThe 2nd may be distinguished as MILITARY GOVERNMENT, superseding, as far as may be deemed expedient, the local law, and exercised by the military commander under the direction of the President, with the express or implied sanction of Congress.â
11) âThe 3rd may be denominated MARTIAL LAW PROPER and is called into action by Congress, or temporarily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or civil/foreign war,"
12) Some argue the U.S. has operated under martial law since Lincoln's Civil War, citing Admiralty Court as proof. For a variety of reasons this theory doesn't hold. Specifically, Admiralty Court is established by 28 U.S. Code 1333, not martial law. https://www.law.cornell.edu/uscode/text/28/1333
13) Others argue the U.S. has operated under martial law since the 2003 Patriot Act and 2012's National Defense Authorization Act and National Defense Resources Preparedness Executive Order. Here is an ironic argument by Huff Post: https://www.huffingtonpost.com/jim-garrison/martial-law-under-another_b_1370819.html
14) What is certain is the ongoing Authorization to Use Military Force (2001) and that the U.S. has been at war with enemy states/forces ever since. This means citizens defined by the President as enemy combatants can be tried by a military tribunal. https://www.govtrack.us/congress/bills/107/sjres23/text
15) In the case of a civil war or an insurrection the term "enemy state" may be replaced by the more general term "Party to the conflict" (as described in the 1949 Geneva Conventions Article 3). https://ihl-databases.icrc.org/ihl/WebART/375-590006
16) The keyword search friendly PDF version of the 2018 Amendments to the Manual for Courts-Martial, United States is located here: https://www.govinfo.gov/content/pkg/FR-2018-03-08/pdf/2018-04860.pdf
17) To search key words in this document on mobile click the top right of your browser (most) and select "Find in page." On desktop press ctrl+F to activate your drop down "Find in page" option.
18) Notable ANNEX 1 Amendments:
Civilian counsel added to judge advocates for "Special Victims Counsels."
"Upon sufficient showing," military judges may now deny, restrict, or defer the accused's further inspection or discovery of evidence.
Civilian counsel added to judge advocates for "Special Victims Counsels."
"Upon sufficient showing," military judges may now deny, restrict, or defer the accused's further inspection or discovery of evidence.
20) Military judges may now review "any materials in camera" (closed chamber).
Elimination of mandatory sealing of materials viewed in camera, though the military judge reserves the right to seal any material as deemed appropriate.
Elimination of mandatory sealing of materials viewed in camera, though the military judge reserves the right to seal any material as deemed appropriate.
21) Authorized by the U.S. Attorney General, a "designee" has been added to the authority that can offer immunity.
Court reporter added to the parties binded with the responsibility of maintaining the confidentiality of sealed material and appropriately marking such material.
Court reporter added to the parties binded with the responsibility of maintaining the confidentiality of sealed material and appropriately marking such material.
22) Definition of disclosure of sealed material strengthened.
Any appellate motions and materials used to object to sealed material withheld is now sealed as well.
Sexual offense language against adults and children strengthened.
Any appellate motions and materials used to object to sealed material withheld is now sealed as well.
Sexual offense language against adults and children strengthened.
23) Notable ANNEX 1 Amendments (massive):
"The sources of military jurisdiction include the Constitution and international law. International law includes the law of war" (enemy combatants).
"Jurisdiction includes persons subject to trial by military tribunals."
"The sources of military jurisdiction include the Constitution and international law. International law includes the law of war" (enemy combatants).
"Jurisdiction includes persons subject to trial by military tribunals."
24) "No convening authority or commander may censure, reprimand, or admonish a court-martial or other military tribunal or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court martial or tribunal."
"A court-martial always has jurisdiction to determine whether it has jurisdiction."
26) See Rules:
703A. Varrant or order for wire/electronic communications
704. Immunity
705. Plea agreements
806. Public trial
902. Disqualification of military judge
1004. Capital cases
1205. Review by Supreme Court
1207. Sentences requiring approval by the President
703A. Varrant or order for wire/electronic communications
704. Immunity
705. Plea agreements
806. Public trial
902. Disqualification of military judge
1004. Capital cases
1205. Review by Supreme Court
1207. Sentences requiring approval by the President
27) See Rules:
311. Evidence obtained from unlawful searches and seizures
314. Searches not requiring probable cause
414. Similar crimes in child-molestation cases
506. Government information
507. Identity of informants
707. Polygraph examinations (not admissible)
311. Evidence obtained from unlawful searches and seizures
314. Searches not requiring probable cause
414. Similar crimes in child-molestation cases
506. Government information
507. Identity of informants
707. Polygraph examinations (not admissible)
28) See Rules:
901. Authenticating or identifying evidence
902. Evidence that is self-authenticating
See Articles:
77 (10 U.S.C. 877) Principals
78 (10 U.S.C. 878) Accessory after fact
79 (10 U.S.C. 879) Conviction of offense charged, lesser included offenses, attempts
901. Authenticating or identifying evidence
902. Evidence that is self-authenticating
See Articles:
77 (10 U.S.C. 877) Principals
78 (10 U.S.C. 878) Accessory after fact
79 (10 U.S.C. 879) Conviction of offense charged, lesser included offenses, attempts
29) See Articles:
80 (10 U.S.C. 880) Attempts
81 (10 U.S.C. 881) Conspiracy
82 (10 U.S.C. 882) Soliciting commission of offenses
94 (10 U.S.C. 894) Mutiny or sedition
101 (10 U.S.C. 901) lmproper use of countersign
102 (10 U.S.C. 902)-Forcing a safeguard
80 (10 U.S.C. 880) Attempts
81 (10 U.S.C. 881) Conspiracy
82 (10 U.S.C. 882) Soliciting commission of offenses
94 (10 U.S.C. 894) Mutiny or sedition
101 (10 U.S.C. 901) lmproper use of countersign
102 (10 U.S.C. 902)-Forcing a safeguard
30) See Articles:
103 (10 U.S.C. 903) Spies
103a (10 U.S.C. 903a) Espionage
103b (10 U.S.C. 903b) Aiding the enemy
104 (10 U.S.C. 904) Public records offenses
107 (10 U.S.C. 907) False official statements; false swearing
103 (10 U.S.C. 903) Spies
103a (10 U.S.C. 903a) Espionage
103b (10 U.S.C. 903b) Aiding the enemy
104 (10 U.S.C. 904) Public records offenses
107 (10 U.S.C. 907) False official statements; false swearing
31) See Articles:
108 (10 U.S.C. 908)-Military property of United States-Loss, damage,
destruction, or wrongful disposition
109a (10 U.S.C. 909a} Mail matter: wrongful taking, opening, etc.
116 (10 U.S.C. 916) Riot or breach of peace
118 (10 U.S.C. 918) Murder
108 (10 U.S.C. 908)-Military property of United States-Loss, damage,
destruction, or wrongful disposition
109a (10 U.S.C. 909a} Mail matter: wrongful taking, opening, etc.
116 (10 U.S.C. 916) Riot or breach of peace
118 (10 U.S.C. 918) Murder
31) See Articles:
119a (10 U.S.C. 919a) Death or injury of an unborn child
119b (10 U.S.C. 919b) Child endangerment
120 (10 U.S.C. 920) Rape and sexual assault generally
120b (10 U.S.C. 920b) Rape and sexual assault of a child
120c (10 U.S.C. 920c) Other sexual misconduct
119a (10 U.S.C. 919a) Death or injury of an unborn child
119b (10 U.S.C. 919b) Child endangerment
120 (10 U.S.C. 920) Rape and sexual assault generally
120b (10 U.S.C. 920b) Rape and sexual assault of a child
120c (10 U.S.C. 920c) Other sexual misconduct
32) See Articles:
121 (10 U.S.C. 921) Larceny and wrongful appropriation
123 (10 U.S.C. 923) Offenses concerning Government computers
127 (10 U.S.C. 927) Extortion
131b (10 U.S.C. 931b) Obstructing justice
134 Child pornography
121 (10 U.S.C. 921) Larceny and wrongful appropriation
123 (10 U.S.C. 923) Offenses concerning Government computers
127 (10 U.S.C. 927) Extortion
131b (10 U.S.C. 931b) Obstructing justice
134 Child pornography
33) This concludes my Courts-Martial & Tribunal Thread.
Exec. Order 13825: 2018 Amendments to the Manual for Courts-Martial, United States.
Thank you for reading.
God bless America, our military heroes, and our President.
#MAGA #MilitaryTribunals #WWG1WGA #QAnon
Exec. Order 13825: 2018 Amendments to the Manual for Courts-Martial, United States.
Thank you for reading.
God bless America, our military heroes, and our President.
#MAGA #MilitaryTribunals #WWG1WGA #QAnon
