>>533171

Check this out

very interesting NEW executive order from 3/1 - coincidence? (self.CBTS_Stream)

submitted 11 hours ago by thomas-didymus - announcement

LAWFAG here POTUS signed a new Executive Order yesterday: 2018 Amendments to the Manual for Courts-Martial, United States LAW & JUSTICE Issued on: March 1, 2018 https:// www.whitehouse.gov/presidential-actions/2018-amendments-manual-courts-martial-united-states/ FYI this Order is effective immediately - all the odd language/exceptions are to prevent ex post facto law arguments for charges already pending FYI court martial jurisdiction is for wrongdoing my any active duty member PLUS a wide variety of other fderal personnel - including "(9) Prisoners of war in custody of the armed forces and (10) In time of war, persons serving with or accompanying an armed force in the field." https:// www.thebalance.com/punitive-articles-of-the-ucmj-3356861 This order does not reveal the substance of the changes - it refers to an "annex" which is not attached. I located the annex in the federal register where agencies publish proposed rulemaking. links to EO and annex below - the changes are highlighted (additions are underlined - deletion scored out) my prelim review it appears changes add flexibility on the process and permit "designees" of POTUS to do things that were previously only permitted to the military judge file:///C:/Users /User/Downloads/DOD-2017-OS-0032-0003.pdf if that is not enough here is the full court martial manual http:// js c.defense.gov/Portals/99/Documents/MCM2016.pdf?ver=2016-12-08-181411-957 happy reading

(more)

>>537326

>>533171

–]thev1beguy 36 points 10 hours ago

Wow nice work. Here is the section on Espionage…

30a. Article 106a—Espionage a. Text of statute. (a)(1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the a d v a n t a g e o f a f o r e i g n n a t i o n , c o m m u n i c a t e s , delivers, or transmits, or attempts to communi- cate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, an- ything described in paragraph (3) shall be pun- ished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or o t h e r m e a n s o f d e f e n s e o r r e t a l i a t i o n a g a i n s t large scale attack, (B) war plans, (C) communica- tions intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-martial may direct. (2) An entity referred to in paragraph (1) is— (A) a foreign government; (B) a faction or party or military or naval force within a foreign country, whether recog- nized or unrecognized by the United States; or ( C )

a r e p r e s e n t a t i v e , o f f i c e r , a g e n t , e m - ployee, subject, or citizen of such a government, faction, party, or force. (3) A thing referred to in paragraph (1) is a d o c u m e n t , w r i t i n g , c o d e b o o k , s i g n a l b o o k , sketch, photograph, photographic negative, blue- print, plan, map, model, note, instrument, appli- a n c e , o r i n f o r m a t i o n r e l a t i n g t o t h e n a t i o n a l defense. (b)(1) No person may be sentenced by court- martial to suffer death for an offense under this section (article) unless— ( A )

t h e m e m b e r s o f t h e c o u r t - m a r t i a l u n - animously find at least one of the aggravating factors set out in subsection (c); and ( B )

t h e m e m b e r s u n a n i m o u s l y d e t e r m i n e that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c). ( 2 )

F i n d i n g s u n d e r t h i s s u b s e c t i o n m a y b e based on— (A) evidence introduced on the issue of guilt or innocence; (B) evidence introduced during the sentenc- ing proceeding; or (C) all such evidence. (3) The accused shall be given broad latitude to present matters in extenuation and mitigation. (c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: (1) The accused has been convicted of an- other offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute. (2) In the commission of the offense, the ac- cused knowingly created a grave risk of substan- tial damage to the national security. (3) In the commission of the offense, the ac- cused knowingly created a grave risk of death to another person. (4) Any other factor that may be prescribed IV-44 ¶30.c.(6)(c) Article 106a by the President by regulations under section 836 of this title (Article 36). b. Elements. (1) Espionage. (a) That the accused communicated, delivered,

>>537348

>>537326

>>533171

or transmitted any document, writing, code book, signal book, sketch, photograph, photographic nega- tive, blueprint, plan, map, model, note, instrument, a p p l i a n c e , o r i n f o r m a t i o n r e l a t i n g t o t h e n a t i o n a l defense; ( b ) T h a t t h i s m a t t e r w a s c o m m u n i c a t e d , delivered, or transmitted to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or un- recognized by the United States, or to any represent- ative, officer, agent, employee, subject or citizen thereof, either directly or indirectly; and ( c ) T h a t t h e a c c u s e d d i d s o w i t h i n t e n t o r reason to believe that such matter would be used to the injury of the United States or to the advantage of a foreign nation. (2) Attempted espionage. (a) That the accused did a certain overt act; (b) That the act was done with the intent to commit the offense of espionage; (c) That the act amounted to more than mere preparation; and ( d ) T h a t t h e a c t a p p a r e n t l y t e n d e d t o b r i n g about the offense of espionage. (3) Espionage as a capital offense. (a) That the accused committed espionage or attempted espionage; and (b) That the offense directly concerned (1) nu- c l e a r w e a p o n r y , m i l i t a r y s p a c e c r a f t o r s a t e l l i t e s , early warning systems, or other means of defense or retaliation against large scale attack, (2) war plans, (3) communications intelligence or cryptographic in- formation, or (4) any other major weapons system or major element of defense strategy. c. Explanation. (1) Intent. “Intent or reason to believe” that the information “is to be used to the injury of the United S t a t e s o r t o t h e a d v a n t a g e o f a f o r e i g n n a t i o n ” means that the accused acted in bad faith and with- out lawful authority with respect to information that is not lawfully accessible to the public. ( 2 )

N a t i o n a l d e f e n s e i n f o r m a t i o n .

“ I n s t r u m e n t , appliance, or information relating to the national de- fense” includes the full range of modern technology and matter that may be developed in the future, including chemical or biological agents, computer technology, and other matter related to the national defense. (3) Espionage as a capital offense.

Capital pun- ishment is authorized if the government alleges and proves that the offense directly concerned (1) nu- c l e a r w e a p o n r y , m i l i t a r y s p a c e c r a f t o r s a t e l l i t e s , early warning systems, or other means of defense or retaliation against large scale attack, (2) war plans, (3) communications intelligence or cryptographic in- formation, or (4) any other major weapons system or major element of defense strategy.

See R.C.M. 1004 concerning sentencing proceedings in capital cases. d. Lesser included offenses.

See paragraph 3 of this part and Appendix 12A. e. Maximum punishment. (1) Espionage as a capital offense.

Death or such other punishment as a court-martial may direct.

See R.C.M. 1003. (2) Espionage or attempted espionage.

Any pun- ishment, other than death, that a court-martial may direct. See R.C.M. 1003.