Page 284 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9987

Rule 907. Motions to dismiss
(a) In general. A motion to dismiss is a request to terminate fmther proceedings as to one or
more charges and specifications on grounds capable of resolution without trial of the general
issue of guilt.
(b) Grounds for dismissal. Grounds for dismissal include the following-
(1) Nonwaivable grounds. A charge or specification shall be dismissed at any stage of the
proceedings if the court-martiallacks jurisdiction to try the accused for the offense.
(2) Waivable grounds. A charge or specification shall be dismissed upon motion made by the
accused before the final adjournment of the court-mmtial in that case if:
(A) Dismissal is required under R.C.M. 707;
(B) The statute of limitations (Article 43) has run, provided that, if it appears that the
accused is unaware of the right to assert the statute of limitations in bar of trial, the military
judge shall inform the accused of this right;
(C) The accused has previously been tried by court-martial or federal civilian court for the
same offense, provided that:
(i) No court-martial proceeding is a trial in the sense of this rule unless-
(I) In the case of a trial by military judge alone, presentation of the evidence on the
general issue of guilt has begun;
(II) In the case of a trial with a military judge and members, the members have
been impaneled; or
(Ill) ln the case of a summary court-martial, presentation of the evidence on the
general issue of guilt has begun.
(ii) No court-martial proceeding which has been terminated under R.C.M. 604(b) or
R.C.M. 915 shall bar later prosecution for the same offense or ofienses, if so provided in those
mles;
(iii) No court-martial proceeding in which an accused has been found guilty of any
charge or specification is a trial in the sense of this mle until the finding of !:,TUilty has become
final after review of the case has been fully completed; and
(iv) No court-martial proceeding which lacked jurisdiction to try the accused for the
offense is a trial in the sense of this rule.
(D) Prosecution is barred by:
(i) A pardon issued by the President;
(ii) Immunity from prosecution granted by a person authorized to do so; or
(iii) Prior punishment under Article 13 or 15 for the same offense, if that offense was
punishable by confinement of one year or less.
(E) The specification fails to state an offense.
(3) Permissible grounds. A specification may be dismissed upon timely motion by the
accused if one of the following is applicable:
(A) Defective. When the specification is so defective that it substantially misled the
accused, and the military judge finds that, in the interest of justice, trial should proceed on any
remaining charges and specifications without undue delay; or
(B) Multiplicity. When the specification is multiplicious with another specification, is
unnecessary to enable the prosecution to meet the exigencies of proof through trial, review, and
appellate action, and should be dismissed in the interest of justice. A charge is multiplicious if
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the proof of such charge also proves every element of another charge.

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