^^^^^^^^^^^^^
PB
THIS GOES WITH THESE
https://jsc.defense.gov/Portals/99/Documents/ANNEX1.pdf?ver=2017-07-19-103116-403
AND
http://www.caaflog.com/wp-content/uploads/MJA-Draft-EO-Annex-2.pdf
HOW CAN YOU HAVE YOUR PUDDING
IF YOU DON'T EAT YOUR MEAT, BAKER?
SAMPLE #1
"ANNEX 1
Section 1. Part II of the Manual for Courts-Martial, United States is amended as follows:
(a) R.C.M. 104(b)(1)(B) is amended to read as follows:
“(B) Give a less favorable rating or evaluation of any defense counsel or special victims’
counsel because of the zeal with which such counsel represented any client. As used in this
rule, “special victims’ counsel” are judge advocates and civilian counsel who, in accordance with
10 U.S.C. 1044e, are designated as Special Victims’ Counsel.”
(b) R.C.M. 601(d)(2)(B) is amended to read as follows…."
SAMPLE #2
"[The proposed amendments to the Manual for Courts-Martial, United States (Parts
I-V, exclusive of Discussions and Analysis, plus Appendix 12A) in Annex 2 include
provisions to implement the Military Justice Act of 2016, Division E of the National
Defense Authorization Act for Fiscal Year 2017, Pub. L. No. 114-328, 130 Stat. 2000 (2016).
Pursuant to section 5542 of the Military Justice Act of 2016, the amendments made to the
Manual for Courts-Martial in Annex 2, if approved, will take effect on the date prescribed
by the President, subject to the provisions of the Executive Order regarding prior
proceedings and offenses. Under the proposed Executive Order accompanying Annex s,
the effective date would be January 1, 2019. The extensive nature of the proposed changes
necessitates the reproduction, in full, of Parts I-V of the Manual for Courts-Martial.
Although the Discussions and Analysis are not part of the proposed Executive
Order that would be signed by the President, Annex 2 sets forth the Discussion and
Analysis at appropriate locations within the Annex to facilitate review and comment on the
proposed amendments. Discussion items are set out immediately following the paragraphs
being discussed. The Analysis for each provision is set forth immediately following the
provision to which the Analysis pertains. If the Executive Order is signed by the President,
the items of Analysis will be consolidated and published as amendments to Appendix 21
(Analysis of Rules for Courts-Martial), Appendix 22 (Analysis of the Military Rules of
Evidence), Appendix 23 (Analysis of Punitive Articles), and Appendix 24 (Analysis of
Nonjudicial Punishment Procedure).
With the exception of Appendix 12A (lesser included offenses), none of the Appendices are
issued by the President. The Discussion, the Analysis, and the Appendices (other than
Appendix 12A) will not become part of an Executive Order issued by the President, and
will not be included in any proposed Executive Order forwarded to the President. Rather,
the Discussion, Analysis, and Appendices (other than Appendix 12A) are proposed
supplementary materials that would be published by the Department of Defense, in
conjunction with the Department of Homeland Security, if the President approves the
portion of the proposed Manual to which they relate.]
Section 1. Part I of the Manual for Courts-Martial, United States is amended and reads as
follows:
PREAMBLE
-
Sources of military jurisdiction
The sources of military jurisdiction include the Constitution and international law.
International law includes the law of war.
-
Exercise of military jurisdiction
(a) Kinds. Military jurisdiction is exercised by:
(1) A government in the exercise of that branch of the municipal law which regulates its….."
January 01, 2019
Martial Court Annex #1 and #2