President of the United States

“ When excluding specific persons, the military judge must make findings on the record establishing the reason for the exclusion, the basis for the military judge’s belief that exclusion is necessary, and that the exclusion is as narrowly tailored as possible. ‘‘ (2) Closure. Courts-martial shall be open to the public unless (1) there is a substantial probability that an overriding interest will be prejudiced if the proceedings remain open; (2) closure is no broader than necessary to protect the overriding interest ”

“ A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Mil. ”

“ Department of Defense Directive 5500.17 shall be included as Appendix 26 to the Manual for Courts-Martial, United States.
Sec. 2. Part II of the Manual for Courts-Martial, United States, is amended as follows: (a) R.C.M. 307 (c) (3) is amended to read as follows: ‘‘Specification. A specification is a plain, concise, and definite statement of the essential facts constituting the offense charged. A specification is sufficient if it alleges every element of the charged offense expressly or by necessary implication. ”

“ Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the effective date of this order, and any such nonjudicial proceeding, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. ”

“ Sample specification. ‘‘In that ____________ (personal jurisdiction data) , did, (at/on board—location) (subject-matter jurisdiction data, if required) , on or about ________ 20___, commit sodomy with ____________, (a child under the age of 12) (a child who had attained the age of 12 but was under the age of 16) (by force and without the consent of the said ____________) .’’
(e) Paragraph 57 (c) (2) (b) is amended to read as follows: ‘‘ (b) Material matter. The false testimony must be with respect to a material matter, but that matter need not be the main issue in the case. ”

“ The summary court-martial shall authenticate the record by signing the original record of trial.’’
(k) R.C.M. 1306 (b) (1) is amended to read as follows: ‘‘ (1) Who shall act. Except as provided herein, the convening authority shall take action in accordance with R.C.M. 1107. The convening authority shall not take action before the period prescribed in R.C.M. 1105 (c) (2) has expired, unless the right to submit matters has been waived under R.C.M. 1105 (d) .’’
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