Page 206 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9909

(10) "Detail" means to order a person to perform a specific temporary duty, unless the
context indicates otherwise.
(11) "Explosive" means gunpowders, powders used for blasting, all forms of high
explosives, blasting materials, fuzes (other than electrical circuit breakers), detonators, and
other detonating agents, smokeless powders, any explosive bomb, grenade, missile, or similar
device, and any incendiary bomb or grenade, fire bomb, or similar device, and any other
compound, mixture, or device which is an explosive within the meaning of 18 U.S.C. § 232(5)
or 8440).
(12) "Fireann" means any weapon which is designed to or may be readily converted to
expel any projectile by the action of an explosive.
(13) "Joint" in connection with military organization connotes activities, operations,
organizations, and the like in which elements of more than one military service of the same
nation participate.
(14) "Members." The members of a court-martial are the voting members detailed by the
convening authority.
(15) "Military judge" means a judge advocate designated under Article 26(c) who is detailed
under Article 26(a) or Article 30a to preside over a general or special court-martial or proceeding
before referral. In the context of a summary court-martial, "military judge" means the summary
court-martial o±Iicer. In the context of a pre-referral proceeding or a special court-martial
consisting of a military judge alone, "military judge" includes a military magistrate designated
under Article 19 or Article 30a.
(16) "Military magistrate" means a commissioned officer of the armed forces certified under
Article 26a who is perfonning duties under Article 19 or 30a.
(17) "Party," in the context of parties to a court-martial or other proceeding under these rules,
means-
( A) The accused and any defense or associate or assistant defense counsel and agents of
the defense counsel when acting on behalf of the accused with respect to the court-martial or
proceeding in question; and
(B) Any trial or assistant trial counsel or other counsel representing the United States, and
agents of the trial counsel or such other counsel when acting on behalf of the United States with
respect to the court-martial or proceeding in question.
(18) "Staff judge advocate" means a judge advocate so designated in the Army, Air Force, or
Marine Corps, and means the principal legal advisor of a command in the Navy and Coast Guard
who is a judge advocate.
(19) "Sua sponte" means that the person involved acts on that person's initiative, without the
need for a request, motion, or application.
(20) "UCMJ" refers to the Uniform Code ofMilitary Justice.
(21) "War, time of" For purpose ofR.C.M. 1004(c)(6) and of implementing the applicable
paragraphs of Parts Nand V of this Manual only, "time of war" means a period of war declared
by Congress or the factual determination by the President that the existence of hostilities
warrants a finding that a "time of war" exists for purposes of R.C.M. 1004(c)(6) and Parts IV and
V ofthis Manual.
(22) The terms "writings" and "recordings" have the same meaning as in Mil. R Evid. 1001.
(23) The definitions and rules of construction in 1 U.S.C. §§ 1 through 5 and in 10 U.S. C. §§
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101 and 801.