dChan - Q Origins Project Archive

>>553802

But Wait… there's more. Offenders will not be able to take the 5th either!

Article

134

¶108

Article 134

—

(Testify: wrongful refusal)

Text of statute. See

paragraph 60.

Elements.

(1)

That the accused was

in the presence

of a court-martial, board

of officer(s), military commission,

court

of inquiry,

an officer conducting

an investigation under Article

32,

or an officer taking a deposition,

of or for the United States,

at which a certain person was presiding;

(2)

That the said person presiding directed the accused

to qualify

as a witness or, having

so qualified, to

answer a certain question;

(3)

That the accused refused

to qualify

as a witness

or answer said question;

(4)

That the refusal was wrongful; and

(5)

That, under the circumstances, the conduct of the accused was

to the prejudice

of good order and

discipline

in the armed forces

or was

of a nature to bring discredit upon the armed forces.

Explanation.

“qualify

as a

witness”

means that the witness declares that the witness will testify

truthfully.

See

R.C.M.

807;

Mil.

R. Evid. 603. A good faith but legally mistaken belief

in the right to remain

silent does not constitute a defense

to a charge

of wrongful

to testify.