Page:Title 3 CFR 2005 Compilation.djvu/201

 EO 13387 Title 3--The President Changes to Appendix 21, Analysis of Rules t\177r Courts-Martial (a) Appendix 21, Introduction, paragraph b (Supplementary Materials), is amended by replacing the word "Transportation" with the words "Homeland Security". (b) The Analysis accompanying R.C.M. I03(2) is amended by inserting the following prior to the discussion ofR. C.M. 103(3): "2005 Amendment: The definition was amended to provide consistently with the contemporaneous amendment to R.C.M. 201 (f)( 1 )(A)(iii)(b), which altered the default referral position for capital cases." (c) The Analysis accompanying R.C.M. 201 is amended by inserting the following paragraph at the end thereof: "2005 Amendment: Subsections (e)(2)(B) and (C) were revised to clarify that the reciprocal jurisdiction authority of joint commauders designated in either subsections (A), (B), or (C), is limited. This limitation is intended to preclude a joint co\177urnander from convening courts upon members who are uot assigned or attached to a joiut command." (d) The Analysis accompanying R.C.M. 201(e)(3) is amended by inserting the following paragraph at the cud thereof: "2005 Amendment: This role clarifies that when a service member is tried by a court- martial convened by a combatant or joint commander, the implementing regulations and procedures of the service to which the accused is a member shall apply." (e) The Analysis accompanying R.C.M. 201(e)(4) is amended by inserting the following paragraph: "2005 Amendment: Subsection (e)(4) was amended to clarify that members and counsel from different services may be detailed to a court-martial convened by a combatant or joint commander." (1) The Analysis accompanying R.C.M. 201(I) is ranended by inserting the following 188

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