§ 5542(b) of the Military Justice Act of 2016 requires the President to “prescribe regulations implementing [the MJA] not later than one year after the date of the enactment of this Act.”

That date was yesterday.

To my knowledge, President Trump has not signed an executive order implementing the proposed changes to the Manual for Courts-Martial.

Assuming President Trump has not acted, this is the second administration in a row to be significantly tardy in military justice matters. During the Obama administration, we waited more than four years for regulations implementing the 2012 version for Article 120, and we never got an update to Mil. R. Evid. 413 to resolve constitutional problems identified in 2011 (though President Obama was quite diligent about making prosecution-friendly changes to the MCM).

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