Page 603 - Trump Executive Orders 2017-2021

10306 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(d) Oath. The oath must be one recognized or authorized by law and must be duly
administered by one authorized to administer it. When a fonn of oath has been prescribed, a literal
following of that form is not essential; it is sufficient if the oath administered conforms in substance
to the prescribed form. Oath includes an affirmation when the latter is authorized in lieu of an oath.
(e) Belief of accused. The fact that the accused did not believe the statement to be true may
be proved by testimony of one witness without corroboration or by circumstantial evidence.
(3) Subscribing false statement. See subparagraphs (1) and (2), above, as applicable. Section
1746 of title 28, United States Code, provides for subscribing to the truth of a document by signing
it expressly subject to the penalty for petjury. The signing must take place in a judicial proceeding
or course of justice-for example, if a witness signs under penalty of perjury summarized
testimony given at an Article 32 preliminary hearing. It is not required that the document be sworn
before a third party. Sectionl746 does not change the requirement that a deposition be given under
oath or alter the situation where an oath is required to be taken before a specific person.
d. A1aximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample spec{fications.
(1) (Jivingftrl\-e testimony.
In that _____ (personal jurisdiction data), having taken a lawful (oath)
(affirmation) in a (trial by court-martial (trial by a court of competent
jurisdiction, to wit: of (deposition for use in a trial by of
,
____ '-----' that (he) (she) would (testify) (depose) truly, did, (at/on board-
location) (subject-matter jurisdiction data, if required), on or about 20 _, willfully,
conuptly, and contrary to such (oath) (aflirmation), (testify) (depose) falsely in substance that
_____ ,which (testimony) (deposition) was upon a material matter and which (he) (she) did
not then believe to be true.
(2) Subscribingfirlse statement.
In that (personal jurisdiction data), did (at/on board-location)
(subject-matter jurisdiction data, if required), on or about __ 20 _, in a Gudicial proceeding)
(course ofjustice), and in a (declaration) (certification) (veritl.cation) (statement) under penalty of
petjury pursuant to section 1746 of title 28, United States Code, willfully and corruptly subscribed
a false statement material to the (issue) (matter of inquiry), to wit: , which statement
was false in that , and which statement (he) (she) did not then believe to be true.

82. Article 131a (10 U.S.C. 931a)-Subornation of perjury
a. Text of statute.
(a) IN GENERAL-Any person subject to this chapter who induces and procures
another person-
(1) to take an oath; and
(2) to falsely testify, depose, or state upon such oath;
shall, if the conditions specified in subsection (b) are satisfied, be punished as a court-martial
may direct.
(b) CONDITIONS.-The conditions referred to in subsection (a) are the following:
(1) The oath is administered with respect to a matter for which such oath is
required or authorized by law.
(2) The oath is administered by a person having authority to do so.
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(3) Upon the oath, the other person willfully makes or subscribes a statement.

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