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EO 13430Executive OrderG.W. Bush · R Quiet signal

Executive Order 13430

2007 Amendments to the Manual for Courts-Martial, United States

This executive order amends the Manual for Courts-Martial to permit remote testimony and videoteleconferencing in military court proceedings, creates a new separate military offense for causing death or injury to an unborn child during certain violent crimes against pregnant women, establishes stalking as a standalone military offense, updates blood alcohol content limits for military DUI cases, and replaces references to the Department of Transportation with Department of Homeland Security.

Federal Register Open PDF 72 FR 20213

Impact dates

  1. Amendments take effect

Key directives

  • Amend R.C.M. 703(b)(1) to allow witness testimony via remote means with consent, or over objection for interlocutory questions if practical difficulties outweigh personal appearance
  • Amend R.C.M. 804 to permit accused presence by videoteleconferencing for Article 39(a) sessions with defense counsel physically present
  • Amend R.C.M. 805 to allow military judge and counsel presence via audiovisual technology for Article 39(a) sessions
  • Create new R.C.M. 914B establishing general procedures for remote testimony
  • Add Article 119a making death or injury of unborn child a separate offense during enumerated violent crimes against pregnant women
  • Add Article 120a establishing stalking as standalone military offense
  • Update paragraph 35a blood alcohol content limit to 0.10 grams per 100ml blood / 210L breath, with state law floor for U.S. operations
  • Replace 'Transportation' with 'Homeland Security' in multiple paragraphs

Who is ordered

Timeline

Immediate

  • EO takes effect 30 days from signing (May 18, 2007)

Near term (90d)

  • Secretaries concerned may issue regulations authorizing audiovisual technology for Article 39(a) sessions
  • Military judges begin implementing remote testimony procedures

Long term

  • Structural changes to military justice practice for witness testimony
  • New Article 119a prosecutions for unborn child victims
  • Stalking prosecutions under standalone Article 120a

Risks & tensions

  • Remote testimony provisions may create tension with confrontation clause rights; text attempts to mitigate by requiring defense counsel physical presence and private contemporaneous communication
  • Article 119a creates separate personhood status for unborn children in military law without requiring knowledge of pregnancy—potentially contentious civil rights issue, though text explicitly exempts abortion and medical treatment
  • Blood alcohol content limit of 0.10 is higher than many state limits (commonly 0.08), creating potential inconsistency where state law is lower
  • Stalking definition's 'should have known' standard and 'reasonable fear' test leave interpretive room that may generate litigation
Executive Order 13430: 2007 Amendments to the Manual for Courts-Martial, United States · Executive Orders