Executive Order on 2023 Amendments to the Manual for Courts-Martial, United States
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. 801-946a), and in order to prescribe additions and amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows:
Section 1. Part II, Part III, Part IV, and Part V of the Manual for Courts-Martial, United States, are amended as described in Annex 1, which is attached to and made a part of this order. The amendments in Annex 1 shall take effect on the date of this order, subject to the following:
(a) Nothing in Annex 1 shall be construed to make punishable any act committed or omitted prior to the date of this order that was not punishable when committed or omitted.
(b) Nothing in Annex 1 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action begun prior to the date of this order, and any such nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action may proceed in the same manner and with the same effect as if the Annex 1 amendments had not been prescribed.
Sec. 2. Part I, Part II, Part III, Part IV, Part V, and Appendix 12A of the Manual for Courts-Martial, United States, are amended as described in Annex 2, which is attached to and made a part of this order. The amendments in Annex 2 shall apply in accordance with the effective date established by section 539C of the National Defense Authorization Act for Fiscal Year 2022 (NDAA FY 2022), Public Law 117-81, subject to the following:
(a) Nothing in Annex 2 shall be construed to make punishable any act committed or omitted prior to the effective date established by section 539C of the NDAA FY 2022.
(b) Nothing in Annex 2 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action begun prior to the effective date established by section 539C of the NDAA FY 2022, and any such nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action may proceed in the same manner and with the same effect as if the Annex 2 amendments had not been prescribed.
Sec. 3. Appendix 12B, Appendix 12C, and Appendix 12D are added to the Manual for Courts-Martial, United States, and Part II of the Manual is amended as described in Annex 3, which is attached to and made a part of this order. The additions and amendments in Annex 3 shall take effect on December 27, 2023, and shall apply in accordance with section 539E(f) of the NDAA FY 2022 (10 U.S.C. 853 note), subject to the following:
(a) Nothing in Annex 3 shall be construed to make punishable any act committed or omitted prior to the effective date established by section 539E(f) of the NDAA FY 2022.
(b) Nothing in Annex 3 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action begun prior to the effective date established by section 539E(f) of the NDAA FY 2022, and any such nonjudicial punishment proceeding, restraint, preliminary hearing, referral of charges, trial in which arraignment occurred, or other action may proceed in the same manner and with the same effect as if the Annex 3 amendments had not been prescribed.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
July 28, 2023.
Replies
The use of EXECUTIVE ORDERS has been and continues to be abused by Presidents of both parties, I have beenadvocating for years now that the use of EXECUTIVES ORDERS should be limited in scope and in duration, They SHOULD NEVER be used to bypass Congress or the Constitution or the LAWS of the land however that is exactly what is happening, Any EXECUTIVE ORDER should never remain in effect for an extended period of time without the approval of congress, We elect representivies to legislate and the only reason PRESIDENTS use EXECUTIVES ORDERS is to bypass that process, I still believe EXECUTIVES ORDERS can be used in emergency situations but must be limited in scope and duration ALL EXECUTIVES ORDERS issued by any president should have an expiration date and can not be extended without the approval of the UNITED STATES CONGRESS, Both parties have and continue to abuse tthe use of executive orders in order to bypass the CONSTITUTION and the LAWS OF THE LAND AND ITS TIME TO LIMIT THE [POWER OF THE PRESIDENT in their use. We are supposed to have a GOVERNMENT OF THE PEOPLE AND BY THE PEOPLE FOR THE PEOPLE, Therefore the use of EXECUTIVE ORDERS to bypass the constitution and CONGRESS is not REPRESENTITIVE GOVERNMENT,
This is horrible. Now everyone knows that it is time to pass a federal law that takes executive orders away from presidents. When they have the power of executive orders they are kings and dictators. We need to make executive order history for all presidents. We have elected representatives we send to Washington to speak and vote for us. Executive orders take away our representatives voting for us, the public. Time for Executive Orders to go the way of history.
This undermines UCMJ and should be reversed as soon as possible!
Unbelievable evil!
Chaos!