Executive Order 12233—Amendments to the Manual for Courts-Martial, United States, 1969 (Revised Edition)

By the authority vested in me as President of the United States of America by Chapter 47 of Title 10 of the United States Code (the Uniform Code of Military Justice), and in order to make some clarifying and technical amendments to the Manual for Courts-Martial, United States, 1969 (Revised edition), prescribed by Executive Order No. 11476, as amended by Executive Order No. 11835, Executive Order No. 12018, and Executive Order No. 12198, it is hereby ordered that Executive Order No. 12198 is amended as follows:

1-101. Rule 506(j) in the Table of Contents to the Military Rules of Evidence is amended by deleting "claim or privilege" and substituting therefor "claim of privilege" in the first line.

1-102. Rule 302 of the Military Rules of Evidence is amended by changing paragraph (b) (2) to read as follows:

"An expert witness for the prosecution may testify as to the reasons for the expert's conclusions and the reasons therefor as to the mental state of the accused if expert testimony offered by the defense as to the mental condition of the accused has been received in evidence, but such testimony may not extend to statements of the accused except as provided in (1).".

1-103. Rule 304(b) of the Military Rules of Evidence is amended by deleting the reference "under rule 305(d)-(e)" and substituting therefor the reference "under rules 305(d), 305(e), and 305 (g)".

1-104. Rule 305 of the Military Rules of Evidence is amended by changing the last sentence of paragraph (h) (2) to read as follows:

"An interrogation is not "participated in" by military personnel or their agents or by the officials or agents listed in subdivision (h)(1) merely because such a person was present at an interrogation conducted in a foreign nation by officials of a foreign government or their agents, or because such a person acted as an interpreter or took steps to mitigate damage to property or physical harm during the foreign interrogation.".

1-105. Rule 317(b) of the Military Rules of Evidence is amended by deleting at the end thereof "for purposes of enforcing the Uniform Code of Military Justice" and substituting therefor "for purposes of obtaining evidence concerning the offenses enumerated in section 2516(1) of title 18, United States Code, to the extent such offenses are punishable under the Uniform Code of Military Justice".

1-106. Rule 317(c) of the Military Rules of Evidence is amended to read as follows:

"(c) Regulations. Notwithstanding any other provision of these rules, members of the armed forces or their agents may not intercept wire or oral communications for law enforcement purposes unless such interception:

"(1) takes place in the United States and is authorized under subdivision (b);

"(2) takes place outside the United States and is authorized under regulations issued by the Secretary of Defense or the Secretary concerned; or

"(3) is authorized under regulations issued by the Secretary of Defense or the Secretary concerned and is not unlawful under section 2511 of title 18, United States Code.".

1-107. Rule 321(b)(2)(B) of the Military Rules of Evidence is amended by deleting the reference "(1)" and substituting therefor the reference "(A)".

1-108. Rule 403 of the Military Rules of Evidence is amended by correcting "excluded" to read "excluded" in the first clause of that rule.

1-109. Rule 408 of the Military Rules of Evidence is amended by correcting "purposes" to read "purpose" in the last sentence of that rule.

1-110. Rule 506(f) of the Military Rules of Evidence is amended by deleting "classified information" and substituting therefor "government information" in the last sentence of that rule.

1-111. Rule 507(a) of the Military Rules of Evidence is amended by deleting "information resulting in an investigation" and substituting therefor "information relating to or assisting in an investigation" in the second sentence of that rule.

1-112. Rule 1101(b) of the Military Rules of Evidence is amended by deleting the reference "Section V" and substituting therefor the reference "Sections III and V".

1-113. Section 12 of Part B, which provided for amendments to paragraph 127c(1) of Chapter XXV of the Manual, is amended by adding thereto the following:

"Paragraph 127c(1) is also amended by deleting "or the Code of the District of Columbia, whichever prescribed punishment is the lesser,". Further, paragraph 127c(1) is amended by deleting "or the Code of the District of Columbia and the respective Code" and substituting therefor "and the United States Code.".

JIMMY CARTER

The White House,

September 1, 1980.