Thread by @BLUEPRINT_Q, A Courts-Martial & Tribunal Thread.Exec. Order 13825: 2018 Amendments to the Manual [...]

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

2018 Amendments to the Manual for Courts-Martial, United States

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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/

ACLU Buries American History on Military Trials

In an effort to persuade the Administration and the American people to abandon military tribunals for their intended use in time of war, the ACLU hides the history of prior use of such trials,...

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) “The 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 forces”

10) “The 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.”

11) “The 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

Martial Law by Executive Order

At one level, the prospect for war with Iran is probably an immediate justification. But the comprehensiveness of the Executive Order, like that of the 2...

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.

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.

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.

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.

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."

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

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)

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

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

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

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

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

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

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

34) Edit- Tweet 23

TYPO

"ANNEX 1" should read "ANNEX 2"

#WWG1WGA

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