Executive Order: 2005 Amendments to the Manual for Courts Martial, United States

THE WHITE HOUSE ^ | October 14, 2005 | GEORGE W. BUSH

[mdittmar]

By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473, as amended, it is hereby ordered as follows:

Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows:

(a) R.C.M. 103(2) is amended by replacing the word "without" with the word "with" and by replacing the word "noncapital" with the word "capital".

(b) R.C.M. 201(e)(2)(B) is amended by adding the word "general" between the words "convene" and "courts-martial" and by inserting the following words after "armed forces":

"assigned or attached to a combatant command or joint command".

(c) R.C.M. 201(e)(2)(C) is amended by inserting the words "assigned or attached to a joint command or joint task force," immediately before the words "under regulations which the superior command may prescribe".

(d) R.C.M. 201(e)(3) is amended by inserting the following immediately after the words "armed force":

", using the implementing regulations and procedures prescribed by the Secretary concerned of the military service of the accused,".

(e) R.C.M. 201(e)(4) is amended by adding the words ", member, or counsel" after the words "military judge".

(f) R.C.M. 201(f)(1)(A)(iii)(b) is amended to read as follows:

"(b) The case has not been referred with a special instruction that the case is to be tried as capital."

(g) R.C.M. 307(c)(4) is amended by inserting the following at the end thereof:

"What is substantially one transaction should not be made the basis for an unreasonable multiplication of charges against one person."

[mdittmar]

This is interesting,does anyone know what it means,especially to our soldiers.

[newsgatherer]

This is interesting,does anyone know what it means,especially to our soldiers.

Yup, but do you see those words and by replacing the word "noncapital" with the word "capital". Well that will keep me in line, that's for sure, so guess I can't tell you.

[Domangart]

It looks like no sentence longer than the greatest crime. I want this court to try this murder case. Fill this appeal crack here and there. We will put you to death if you do this or that.

[Syberyenta]

well here's the whole book

http://www.uscg.mil/legal/mj/mcm2005.pdf

[SandRat]

Can you make heads or tails of this???

[theDentist]

Nope. That's why you'd need a lawyer. Military preferred.

[Lady Jag]

I'm not a lawyer but it has all the appearances of a simple edit of what might be a new courts martial manual, or maybe even just amendments.

Lines like, "replacing the word 'without' with the word 'with' and by replacing the word 'noncapital' with the word 'capital'." You know they wouldn't do a 180º in a document unless it's a new one. Also, it some of the jargon and terminology are being updated.

There was a spot where sentencing was changed, but without the original document it's not a certainty that it's harmless even though it appears to be.

[SandRat]

I was hoping that it would make all reporters in the field with our troops subject to both NJP and JP with the local convening authority.

[Lady Jag]

There is nothing like that in the document, but it's an amendment doc; there could be others. By its context, I suspect it's an edit of the court martial manual and there would be a number of these floating around.