Page 604 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10307

(4) The statement is material.
(5) The statement is false.
(6) When the statement is made or subscribed, the person subject to this
chapter and the other person do not believe that the statement is true.
b. Elements.
(1) That the accused induced and procured a certain person to take an oath or its equivalent and
to falsely testify, depose, or state upon such oath or its equivalent conceming a certain matter;
(2) That the oath or its equivalent was administered to said person in a matter in which an oath
or its equivalent was required or authorized by law;
(3) That the oath or its equivalent was administered by a person having authority to do so;
(4) That upon the oath or its equivalent said person willfully made or subscribed a certain
statement;
(5) That the statement was material;
(6) That the statement was false; and
(7) That the accused and the said person did not then believe that the statement was true.
c. El(:planalion.
(1) See subparagraph 81.c for applicable principles.
(2) "Induce and procure" means to influence, persuade, or cause.
(3) The word "oath" includes affirmation, and sworn includes affirmed. See 1 U.S.C. ~ 1.
d. ,"o/taximum punishmem. Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 5 years.
e. Sample .spec(fication.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about 20 _, procure to commit
petjury by inducing (him) (her), the said __ to take a lawful (oath) (affinnation) in a (trial by
,
court-martial of __ (trial by a comt of competent jurisdiction, to wit: __ of----'
)
,
(deposition for use in a ttial by __ of ( ) that (he) (she), the said __
would (testify) (depose)(_) truly, and to (testify) (depose) ( ) willfully, corruptly, and
contrary to such (oath) (atlirmation) in substance that __ , which (testimony) (deposition)
(_) was upon a material matter and which the accused and the said __ did not then believe
to be true.

83. Article 131b (10 U.S.C. 931b)-Obstructing justice
a. Text ofstatute.
Any person subject to this chapter who engages in conduct in the case of a certain
person against whom the accused had reason to believe there were or would be cdminal or
disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the
due administration of justice shall be punished as a court-martial may direct.
b. Elements.
(1) That the accused wrongfully did a cetiain act;
(2) That the accused did so in the case of a certain person against whom the accused had reason
to believe there were or would be criminal or disciplinary proceedings pending; and
(3) That the act was done with the intent to influence, impede, or otherwise obstruct the due
administration of justice.
c. Explanation.
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