Defense and national security

Executive Order 13447: Further 2007 Amendments to the Manual for Courts-Martial, United States

President: George W. Bush

Revised the Manual for Courts-Martial with effect from October 1, 2007.

Status: In effect. Is Executive Order 13447 still in effect? Yes. Executive Order 13447 remains in effect. See Federal Register record.

What does Executive Order 13447 do?

The order altered Parts I–IV through an annex, set a October 1, 2007 effective date and preserved earlier proceedings and protection against retroactive punishment. The Library of Congress describes the 2008 Manual as incorporating executive orders through EO 13447.

Administration position: Revised the Manual for Courts-Martial with effect from October 1, 2007.
SignedSeptember 28, 2007
Earlier frameworkThe President’s Manual for Courts-Martial had been issued under EO 12473 and repeatedly amended under the UCMJ.
Responsible bodyMilitary justice authorities
Follow-up evidence2008: The Library of Congress describes the 2008 Manual as incorporating executive orders through EO 13447.

Before and after

Before the order

The President’s Manual for Courts-Martial had been issued under EO 12473 and repeatedly amended under the UCMJ.

After the order

The order altered Parts I–IV through an annex, set a October 1, 2007 effective date and preserved earlier proceedings and protection against retroactive punishment.

The Library of Congress describes the 2008 Manual as incorporating executive orders through EO 13447.

What did the signed order change?

The President’s Manual for Courts-Martial had been issued under EO 12473 and repeatedly amended under the UCMJ. The order altered Parts I–IV through an annex, set a October 1, 2007 effective date and preserved earlier proceedings and protection against retroactive punishment.

What happened later?

Library of Congress — 2008 Manual for Courts-Martial: The Library of Congress describes the 2008 Manual as incorporating executive orders through EO 13447.

What does that evidence establish?

Transition clauses preserve pre-effective-date proceedings; subsequent manuals and statutes govern present procedure. The 2008 edition does not show outcomes of individual courts-martial. The signed order states the original requirements.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Military prosecutionApply the revised burdens of proof: ordinarily disprove defenses beyond a reasonable doubt, and do so for the specified mistake-of-fact defenses after the accused establishes the initial defense by a preponderance of evidence.Amendments effective October 1, 2007, subject to the order’s protection of earlier conduct and proceedings.
Military judgeApply the revised instructions on proof and defenses; may convene post-trial Article 39(a) sessions to resolve matters or reconsider rulings affecting legal sufficiency. Before entering an acquittal on the judge’s own initiative, give both parties an opportunity to be heard; pre-authentication acquittals follow the specified limits. For covered sexual-history evidence, conduct a closed admissibility hearing, allow the alleged victim to attend and be heard, seal the materials, and specify any permitted evidence and examination.Post-trial acquittal power before record authentication; evidence hearing before admitting the covered evidence.
Party offering sexual-history evidenceFile a written motion describing the evidence and its purpose, serve it on the other party and military judge, and notify the alleged victim or appropriate guardian or representative.At least 5 days before entry of pleas unless the judge sets another time for good cause or permits filing during trial.
Judge Advocate GeneralTransmit the trial record, criminal-appeals and Armed Forces appeals decisions, and the Judge Advocate General’s recommendation to the Secretary concerned when the affirmed sentence requires presidential approval.After the Court of Appeals for the Armed Forces affirms a sentence requiring presidential approval before execution.
Secretary of the military department concernedForward the received record, decisions, and Judge Advocate General’s recommendation to the Secretary of Defense with the department Secretary’s recommendation.When receiving the materials for a sentence requiring presidential approval.
Secretary of DefenseForward the materials and both Secretaries’ recommendations to the President for presidential action.Following receipt from the military department Secretary; before execution of the sentence requiring approval.
Secretary of Homeland SecurityForward the materials received from the Judge Advocate General directly to the President with the Secretary’s recommendation.When Homeland Security is the Secretary concerned; before execution of the sentence requiring approval.
Courts-martialApply the revised offense definitions, elements, evidentiary rules, defenses, and maximum punishments, including the revised sexual-offense and child-endangerment provisions.From October 1, 2007; earlier nonpunishable conduct cannot become punishable, and proceedings begun earlier remain protected by the savings clause.

What happened next

EO 13447 signed.