• Gen. Mark Milley, chairman of the JCS, violated UCMJ Article Art. 103a.

    From Secretary Of The Army, Get Off Your@21:1/5 to All on Fri Sep 24 12:17:27 2021
    XPost: tacoma.politics, stl.general, alt.guns
    XPost: az.politics

    §903a. Art. 103a. Espionage
    (a)(1) Any person subject to this chapter who, with intent or
    reason
    to believe that it is to be used to the injury of the United
    States or to
    the advantage of a foreign nation, communicates, delivers, or
    transmits, or attempts to communicate, deliver, or transmit, to
    any
    entity described in paragraph (2), either directly or indirectly,
    anything described in paragraph (3) shall be punished as a
    courtmartial
    may direct, except that if the accused is found guilty of an
    offense that directly concerns (A) nuclear weaponry, military
    spacecraft or satellites, early warning systems, or other means
    of
    defense or retaliation against large scale attack, (B) war
    plans, (C)
    communications intelligence or cryptographic information, or (D)
    any other major weapons system or major element of defense
    strategy, the accused shall be punished by death or such other
    punishment as a court-martial may direct.

    (2) An entity referred to in paragraph (1) is—
    (A) a foreign government;
    (B) a faction or party or military or naval force within a
    foreign country, whether recognized or unrecognized by the United
    States; or
    (C) a representative, officer, agent, employee, subject, or
    citizen of such a government, faction, party, or force.

    (3) A thing referred to in paragraph (1) is a document, writing,
    code book, signal book, sketch, photograph, photographic
    negative,
    blueprint, plan, map, model, note, instrument, appliance, or
    information relating to the national defense.
    (b)(1) No person may be sentenced by court-martial to suffer
    death
    for an offense under this section (article) unless—
    (A) the members of the court-martial unanimously find at
    least one of the aggravating factors set out in subsection (c);
    and
    (B) the members unanimously determine that any extenuating
    or mitigating circumstances are substantially outweighed by any
    aggravating circumstances, including the aggravating factors set
    out
    in subsection (c).
    (2) Findings under this subsection may be based on—
    (A) evidence introduced on the issue of guilt or innocence;
    (B) evidence introduced during the sentencing proceeding; or
    (C) all such evidence.
    (3) The accused shall be given broad latitude to present matters
    in extenuation and mitigation.
    (c) A sentence of death may be adjudged by a court-martial for an
    offense under this section (article) only if the members
    unanimously find, beyond a reasonable doubt, one or more of the
    following aggravating factors:
    (1) The accused has been convicted of another offense involving
    espionage or treason for which either a sentence of death or
    imprisonment for life was authorized by statute.
    (2) In the commission of the offense, the accused knowingly
    created a grave risk of substantial damage to the national
    security.
    (3) In the commission of the offense, the accused knowingly
    created a grave risk of death to another person.
    (4) Any other factor that may be prescribed by the President by
    regulations under section 836 of this title (article 36).
     

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