From Department of Defense Directive 5500.17:
"To assist the [commander in chief] in fulfilling his responsibilities under the [Articles of War] Uniform Code of Military Justice, and to satisfy the requirements of the [American military Manual for Courts-martial], the [Defense Department] shall review the Manual for Courts-martial [each year], and, as appropriate propose legislation amending the [Articles of War] UCMJ to ensure that the [Manual for Courts-martial] and the [AWs] UCMJ fulfill their fundamental purpose of a comprehensive body of military criminal law and procedure. The role of the [Joint Service Committee on Military [Discipline] furthers these [commander in chief] responsibilities. Under the direction of the General Counsel of the Department of Defense, the [Joint Service Committee on Military [Discipline]] is responsible for reviewing the Manual for Courts-martial and proposing amendments to it and, as necessary, to the [AWs] UCMJ."Amendments to the [AWs] UCMJ must be approved through the regular legislative process as all other federal laws, under constitutional protections of checks and balances.
Responsibility for authorship and changes to the Manual for Courts-martial are solely the province of service Judge Advocate Generals (or TJAGs see sidebar). It's always been so. The collected group of service TJAGs is titled the Joint Service Committee on Military [Discipline].
No civilians served on the the Joint Service Committee on Military [Discipline].
No elected officials serve on the JSC.
Service TJAGs write and change the Manual for Courts-martial, and review it each year.
JSC recommendations, approved by the commander in chief, are made operable by Executive Order.
Congress has no power of oversight regarding the MCM.
Nor do Supreme Court Justices.
The MCM is a deal between the commander in chief and his service TJAGs. Repeating for emphasis: The MCM is solely the work product of service TJAGs, as approved and placed in operation by the commander in chief.
Article 47 to America's Articles of War (UCMJ) was made to apply to every non-military U.S. citizen worldwide by language in the MCM alone. Commissioned officers of America's armed forces are not authorized to issue subpoenas to anyone. Only federal or state judges are granted subpoena power in criminal cases. Courts-martial do not represent federal or state courts of original criminal jurisdiction over civilians. Military "judges" are not federal or state judges. That subpoena power has been stolen, usurped by the commander in chief, as vested in military commanders by MCM artifice represents a great danger and must cause great upset and excitement.
Courts-martial are not courts! "Military judges" are not judges!!
TJAG expansion of military power over civilians is as foreseeable as inevitable. Nothing prevents service TJAGs from bringing civilians under military command authority by adding other AW/UCMJ Articles to Article 47.
Beware the Fury of the Patient Man!
Here endth the lesson
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