Page 476 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10179

( 1) AlfutinJl by creating violence or disturbance.
(a) That the accused created violence or a disturbance; and
(b) That the accused created this violence or disturbance with intent to usurp or override
lavvful military authority.
(2) Alutiny by refusing to obey orders or pe1jorm duty.
(a) That the accused refused to obey orders or otherwise do the accused's duty;
(b) That the accused in refusing to obey orders or perform duty acted in concert with another
person or persons; and
(c) That the accused did so with intent to usurp or override lavvful military authority.
(3) Sedition.
(a) That the accused created revolt, violence, or disturbance against lawful civil authority;
(b) That the accused acted in concert with another person or persons; and
(c) That the accused did so with the intent to cause the overthrow or destruction of that
authority.
( 4) Failure to prevent and suppress a mutiny or sedition.
(a) That an offense of mutiny or sedition was committed in the presence of the accused; and
(b) That the accused failed to do the accused's utmost to prevent and suppress the mutiny or
sedition.
(5) Failure to report a mutiny or sedition.
(a) That an offense of mutiny or sedition occurred;
(b) That the accused knew or had reason to believe that the offense was taking place; and
(c) That the accused failed to take all reasonable means to inform the accused's superior
commissioned otlicer or commander of the offense.
(6) Attempted mutiny.
(a) That the accused committed a certain overt act;
(b) That the act was done with specific intent to commit the offense of mutiny;
(c) That the act amounted to more than mere preparation; and
(d) That the act apparently tended to effect the commission of the offense of mutiny.
c. }.):planation.
(1) Mutiny. Article 94( a)(l) defines two types of mutiny, both requiring an intent to usurp or
ovenide military authority.
(a)Nfutiny by creating violence or disturbance. Mutiny by creating violence or disturbance
may be committed by one person acting alone or by more than one acting together.
(b) Mutiny by rejitsing to obey orders or perform duties. Mutiny by refusing to obey orders
or perform duties requires collective insubordination and necessarily includes some combination
of two or more persons in resisting lawful military authority. This concert of insubordination need
not be preconceived, nor is it necessary that the insubordination be active or violent. It may consist
simply of a persistent and concerted refusal or omission to obey orders, or to do duty, with an
insubordinate intent, that is, with an intent to usurp or override lawful military authority. The intent
may be declared in words or inferred from acts, omissions, or surrounding circumstances.
(2) Sedition. Sedition requires a concert of action in resistance to civil authority. This differs
from mutiny by creating violence or disturbance. See subparagraph c.(l)(a) of this paragraph.
(3) Failure to prevent and suppress a mutiny or sedition. "Utmost" means taking those
measures to prevent and suppress a mutiny or sedition which may properly be called for by the
circumstances, including the rank, responsibilities, or employment of the person concerned.
sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:39 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00293 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ER08MR18.295</GPH>

274