Today the President signed an executive order amending the Manual for Courts-Martial. The announcement – but not text of the actual changes – is available here.

This is the second such order this year (the first was Executive Order 13,730 of May 20, 2016, discussed here). It’s hard to predict the contents of this EO since there isn’t a clear list of proposed amendments still pending presidential action. However, there’s a pile of significant changes that are long overdue, like the Part IV materials for the current version of Article 120 (that took effect in June 2012) and a revision to Mil. R. Evid. 412 to incorporate CAAF’s opinions in United States v. Gaddis, 70 M.J. 248 (C.A.A.F. 2011), and United States v. Ellerbrock, 70 M.J. 314 (C.A.A.F. 2011), that found constitutional deficiencies with the current rule. These (and more) changes were labelled the residuum EO by the Joint Service Committee in 2015 (discussed here).

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