{"id":545968,"date":"2010-04-28T10:42:52","date_gmt":"2010-04-28T14:42:52","guid":{"rendered":"http:\/\/anthonyclarkarend.com\/?p=2308"},"modified":"2010-04-28T10:42:52","modified_gmt":"2010-04-28T14:42:52","slug":"department-of-defense-releases-the-2010-edition-of-the-manual-for-military-commissions-mmc","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/545968","title":{"rendered":"Department of Defense releases the 2010 edition of the Manual for Military Commissions (MMC)"},"content":{"rendered":"

\"\"The Department of Defense has just released the 2010 edition of the Manual for Military Commissions. It can be found here in pdf<\/a>.<\/p>\n

HT: Professor Bobby Chesney, who highlights provisions on hearsay and material support, excepted below:<\/p>\n

\n

SECTION VIII<\/strong><\/p>\n

HEARSAY<\/strong><\/p>\n

<\/strong><\/p>\n

Rule 801. Definitions<\/strong><\/p>\n

The following definitions apply under this rule:<\/p>\n

(a) Statement<\/em>. A \u201cstatement\u201d is (1) an oral or written assertion or (2) nonverbal conduct of a person,<\/p>\n

if it is intended by the person as an assertion.<\/p>\n

(b) Declarant<\/em>. A \u201cdeclarant\u201d is a person who makes a statement.<\/p>\n

(c) Hearsay<\/em>. \u201cHearsay\u201d is a statement, other than the one made by the declarant while testifying at<\/p>\n

the trial or hearing, offered in evidence to prove the truth of the matter asserted.<\/p>\n

(d) Statements which are not hearsay. <\/em>A statement is not hearsay if:<\/p>\n

(1) Prior statement by witness<\/em>. The declarant testifies at the trial or hearing and is subject to<\/p>\n

cross-examination concerning the statement, and the statement is (A) inconsistent with the<\/p>\n

declarant\u2019s testimony, and was given under oath subject to the penalty of perjury at a trial, hearing,<\/p>\n

or other proceeding, or in a deposition, or (B) consistent with the declarant\u2019s testimony and is<\/p>\n

offered to rebut an express or implied charge against the declarant of recent fabrication or improper<\/p>\n

influence or motive, or (C) one of identification of a person made after perceiving the person; or<\/p>\n

(2) Admission by party-opponent<\/em>. The statement is offered against a party and is (A) the<\/p>\n

party\u2019s own statement in either the party\u2019s individual or representative capacity, or (B) a statement<\/p>\n

of which the party has manifested the party\u2019s adoption or belief in its truth, or (C) a statement by a<\/p>\n

person authorized by the party to make a statement concerning the subject, or (D) a statement by<\/p>\n

the party\u2019s agent or servant concerning a matter within the scope of the agency or employment of<\/p>\n

the agent or servant, made during the existence of the relationship, or (E) a statement by a coconspirator<\/p>\n

of a party during the course and in furtherance of the conspiracy. The contents of the<\/p>\n

statement shall be considered but are not alone sufficient to establish the declarant\u2019s authority under<\/p>\n

paragraph (C), the agency or employment relationship and the scope thereof under paragraph (D),<\/p>\n

or the existence of the conspiracy and the participation therein of the declarant and the party against<\/p>\n

whom the statement is offered under paragraph (E).<\/p>\n

Rule 802. <\/strong>Reserved.<\/p>\n

Rule 803. Admissibility of hearsay<\/strong><\/p>\n

(a) Hearsay evidence may be admitted in trials by military commission if the evidence would be<\/p>\n

admitted under the rules of evidence applicable in trial by general courts-martial, and the evidence<\/p>\n

would otherwise be admissible under these Rules or this Manual.<\/p>\n

III-54<\/p>\n

(b) Hearsay evidence not otherwise admissible under the rules of evidence applicable in trial by<\/p>\n

general courts-martial may be admitted in a trial by military commission only if\u2014<\/p>\n

(1) the proponent of the evidence makes known to the adverse party, sufficiently in advance<\/p>\n

to provide the adverse party with a fair opportunity to meet the evidence, the proponent’s intention<\/p>\n

to offer the evidence, and the particulars of the evidence (including information on the<\/p>\n

circumstances under which the evidence was obtained); and<\/p>\n

(2) the military judge, after taking into account all of the circumstances surrounding the<\/p>\n

taking of the statement, including the degree to which the statement is corroborated, the indicia of<\/p>\n

reliability within the statement itself, and whether the will of the declarant was overborne,<\/p>\n

determines that\u2014<\/p>\n

(A) the statement is offered as evidence of a material fact;<\/p>\n

(B) the statement is probative for which it is offered;<\/p>\n

(C) direct testimony from the witness is not available as a practical matter, taking<\/p>\n

into consideration the physical location of the witness, the unique circumstances of military and<\/p>\n

intelligence operations during hostilities, and the adverse impacts on military or intelligence<\/p>\n

operations that would likely result from the production of the witnesses; and<\/p>\n

(D) the general purposes of the rules of evidence and the interests of justice will best<\/p>\n

be served by admission of the statement into evidence.<\/p>\n

(d) The disclosure of information under this section is subject to the requirements and limitations<\/p>\n

applicable to the disclosure of classified information in Mil. Comm. R. Evid. 505 and 506 as<\/p>\n

applicable.<\/p>\n

Rule 804.<\/strong><\/p>\n

Reserved.<\/p>\n

Rule 805. Hearsay within hearsay<\/strong><\/p>\n

Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined<\/p>\n

statements would be admissible in a military commission convened under chapter 47A of Title 10.<\/p>\n

Rule 806.<\/strong><\/p>\n

Reserved.<\/p>\n

Rule 807. Attacking and supporting credibility of declarant<\/strong><\/p>\n

When a hearsay statement, or a statement defined in Mil. Comm. R. Evid. 801(d)(2)(C), (D), or (E),<\/p>\n

has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may<\/p>\n

III-55<\/p>\n

be supported, by any evidence which would be admissible for those purposes if declarant had<\/p>\n

testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent<\/p>\n

with the declarant\u2019s hearsay statement, is not subject to any requirement that the declarant may<\/p>\n

have been afforded an opportunity to deny or explain. If the party against whom a hearsay<\/p>\n

statement has been admitted calls the declarant as a witness, the party is entitled to examine the<\/p>\n

declarant on the statement as if under cross-examination.<\/p>\n

(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.<\/strong><\/p>\n

<\/strong><\/p>\n

a. Text<\/em>. \u201cAny person subject to this chapter who provides material support or resources, knowing<\/p>\n

or intending that they are to be used in preparation for, or in carrying out, an act of terrorism (as set<\/p>\n

forth in paragraph (24) of this section), or who intentionally provides material support or resources<\/p>\n

to an international terrorist organization engaged in hostilities against the United States, knowing<\/p>\n

that such organization has engaged or engages in terrorism (as so set forth), shall be punished as a<\/p>\n

military commission under this chapter may direct.\u201d<\/p>\n

b. Elements<\/em>. The elements of this offense can be met either by meeting (i) all of the elements in A,<\/p>\n

or (ii) all of the elements in B, or (iii) all of the elements in both A and B:<\/p>\n

A. (1) The accused provided material support or resources to be used in preparation for, or<\/p>\n

in carrying out, an act of terrorism (as set forth in paragraph (24));<\/p>\n

(2) The accused knew or intended that the material support or resources were to be used for<\/p>\n

those purposes; and<\/p>\n

(3) The conduct took place in the context of and was associated with an hostilities.<\/p>\n

B. (1) The accused provided material support or resources to an international terrorist<\/p>\n

organization engaged in hostilities against the United States;<\/p>\n

(2) The accused intended to provide such material support or resources to such an<\/p>\n

international terrorist organization;<\/p>\n

(3) The accused knew that such organization has engaged or engages in terrorism; and<\/p>\n

(4) The conduct took place in the context of and was associated with hostilities.<\/p>\n

c. Definition<\/em>. \u201cMaterial support or resources\u201d means any property, tangible or intangible, or service,<\/p>\n

including currency or monetary instruments or financial securities, financial services, lodging,<\/p>\n

training, expert advice or assistance, safehouses, false documentation or identification,<\/p>\n

communications equipment, facilities, weapons, lethal substances, explosives, personnel (one or<\/p>\n

more individuals who may be or include oneself), and transportation, except medicine or religious<\/p>\n

materials.<\/p>\n

d. Maximum punishment<\/em>. Confinement for life.<\/p>\n<\/blockquote>\n

<\/blockquote>\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

The Department of Defense has just released the 2010 edition of the Manual for Military Commissions. It can be found here in pdf. HT: Professor Bobby Chesney, who highlights provisions on hearsay and material support, excepted below: SECTION VIII HEARSAY Rule 801. Definitions The following definitions apply under this rule: (a) Statement. A \u201cstatement\u201d is […]<\/p>\n","protected":false},"author":3977,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-545968","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/545968","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/3977"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=545968"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/545968\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=545968"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=545968"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=545968"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}