Page 477 - Trump Executive Orders 2017-2021
P. 477

10180        Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents


                 "Utmost" includes the use of such force,  including deadly force,  as may be reasonably necessary
                 under the circumstances to prevent and suppress a mutiny or sedition.
                    (4) Failure to report a mutiny or sedition.
                        (a) In general. Failure to "take all reasonable means to inform" includes failure to take the
                 most expeditious means  available.  When the circumstances known to the  accused would have
                 caused  a  reasonable  person  in  similar circumstances to believe that  a  mutiny  or sedition  was
                 occurring, this may establish that the accused had such "reason to believe" that mutiny or sedition
                 was occurring. Failure to report an impending mutiny or sedition is not an offense in violation of
                 Article 94. But see subparagraph 18.c.(3) (dereliction of duty).
                        (b)  Superior  commissioned  officer.  For  purposes  of  this  paragraph,  "a  superior
                 commissioned officer" means a superior commissioned officer in the chain of command.
                    (5) Attempted mutiny. For a discussion of attempts, see paragraph 4.
                 d. Maximum punishment. Death or such other punishment as a court-martial may direct.
                 e. Sample spec?fications.
                    (1) Afutiny by creating violence or disturbance.
                               In  that           (personal jurisdiction data),  with  intent to (usurp) (override)
                 (usurp  and  override)  lawful  military  authority,  did,  (at/on  board-location)  (subject-matter
                 jurisdiction  data,  if required),  on  or  about   20  _, create  (violence)  (a  disturbance)  by
                 (attacking the officers of the  said ship) (barricading himself/herself in Barracks T7,  firing (his)
                 (her) rifle at           and exhorting other persons to join (him) (her) in  defiance of __ _,
                 (      ).
                    (2) Mutiny by refusing to obey orders or perfimn duties.
                               In  that           (personal jurisdiction data),  with intent to (usurp) (override)
                 (usurp  and  override)  lawful  military  authority,  did,  (at/on  board-location)  (subject-matter
                 jurisdiction data, if required), on or about __ 20 _, refuse, in concert with         (and
                               (others  whose  names  are  unknown),  to  (obey  the  orders  of         to
                 ___ _/(perform (his) (her) duty as ___ _/
                    (3) Sedition.
                               In that           (personal jurisdiction data), with intent to cause the (overthrow)
                 (destruction) (overthrow and destruction) oflawful civil authority, to wit:     , did, (at/on
                 board-location) (subject-matter jurisdiction data, if required), on or about __ 20 _,in concert
                 with  (           )  and  (          )  (others  whose  names  are  unknown),  create  (revolt)
                 (violence) (a disturbance) against such authmity by (entering the Town Hall of         and
                 destroying  property  and  records  therein)  (marching upon  and  compelling the  surrender of the
                 police of             (           ).
                    (4) Failure to prevent and suppress a mutiny or sedition.
                               In  that             (personal  jurisdiction  data),  did,  (at/on  board-location)
                 (subject-matter jurisdiction data, if required), on or about __ 20 _, fail to do (his) (her) utmost
                 to prevent and  suppress a (mutiny) (sedition) among the (Soldiers) (Sailors) Airmen) (Marines)
                 (             of             ,  which  (mutiny)  (sedition)  was  being  committed  in  (his)  (her)
                 presence, in that ((he) (she) took no means to  compel the dispersal  of the assembly) ((he) (she)
                 made no effort to assist          who was attempting to quell the mutiny) '-------"
                    (5) Failure to report a mutiny or sedition.
                               In  that             (personal  jurisdiction  data),  did,  (at/on  board-location)
                 (subject-matter jurisdiction data, if required), on or about __ 20 _, fail to take all reasonable
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                 means to inform (his) (her) superior commissioned officer or (his) (her) commander of a (mutiny)


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