Executive Order 13365: 2004 Amendments to the Manual for Courts-Martial, United States

President: George W. Bush

Changed courts-martial rules and military evidence provisions, including pretrial delay, public access and expert testimony.

Status: In effect. Is Executive Order 13365 still in effect? Yes. Executive Order 13365 remains in effect. See Federal Register record.

What does Executive Order 13365 do?

EO 13365 added annual Joint Service Committee review language and amended Rules for Courts-Martial and Military Rules of Evidence, including requirements for charging, speedy-trial remedies, courtroom closure and expert evidence. The Department of Defense published a 2005 Manual for Courts-Martial incorporating the presidential amendments. Subsequent editions and legislation may change particular rules.

Administration position: The order updated the military justice manual used in courts-martial.
SignedDecember 3, 2004
Earlier frameworkEO 12473 prescribed the Manual for Courts-Martial under the Uniform Code of Military Justice.
Responsible bodyDepartment of Defense and military justice authorities
Later primary evidence2005: The Department of Defense published a 2005 Manual for Courts-Martial incorporating the presidential amendments. Subsequent editions and legislation may change particular rules.

Before and after

Before the order

EO 12473 prescribed the Manual for Courts-Martial under the Uniform Code of Military Justice.

After the order

EO 13365 added annual Joint Service Committee review language and amended Rules for Courts-Martial and Military Rules of Evidence, including requirements for charging, speedy-trial remedies, courtroom closure and expert evidence.

The Department of Defense published a 2005 Manual for Courts-Martial incorporating the presidential amendments. Subsequent editions and legislation may change particular rules.

What did the signed order change?

EO 12473 prescribed the Manual for Courts-Martial under the Uniform Code of Military Justice. EO 13365 added annual Joint Service Committee review language and amended Rules for Courts-Martial and Military Rules of Evidence, including requirements for charging, speedy-trial remedies, courtroom closure and expert evidence.

What happened later?

2005 Manual for Courts-Martial — official edition documents this later development: The Department of Defense published a 2005 Manual for Courts-Martial incorporating the presidential amendments. Subsequent editions and legislation may change particular rules.

What does that evidence establish?

The order amends the Manual for Courts-Martial under 10 U.S.C. chapter 47. Its rule changes have separate scope and effective-date provisions; the 2005 manual confirms contemporaneous incorporation, not the present text of every rule. This guide does not infer an outcome for any particular court-martial. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
Department of Defense and military justice authoritiesApplied amended procedural and evidence rules to covered courts-martialUnder the signed order and governing law

What happened next

EO 13365 signed.