A Note on presidential power over military justice

The President of the United States has many powers with respect to military justice. Some are generic, others are case-specific. It may be worthwhile to catalog them. If this Note omits anything, please add a comment. (Use your full name; anonymous and pseudonymous posts are not permitted on this blog.)

Generic powers:

• Sign or veto Acts of Congress that amend the Uniform Code of Military Justice or other federal laws that may affect courts-martial. U.S. Const. art. I, § 7
• Prescribe and amend maximum punishments. Arts. 18(a), 19(a), 20(a), 56, UCMJ
• Prescribe and amend rules for impaneling courts-martial, waiving preliminary hearings, prescribing what disposition-related information submitted after a preliminary hearing must be analyzed; and pretrial, trial, and post-trial rules of procedure and evidence. Arts. 29(b)(1), 32(a)(1)(B), 32(c)(3), 36(a), UCMJ
• Prescribe regulations for non-judicial punishment. Art. 15(a), UCMJ
• Direct the Secretary of Defense to issue non-binding guidance for the disposition of charges. Art. 33, UCMJ; see MCM App. 2.1
• Withhold the authority of a subordinate to dispose of charges in types of cases or generally. R.C.M. 401(a)
• Empower commanding officers not otherwise authorized to convene courts-martial to be convening authorities. Art. 22(a)(9), UCMJ
• Appoint and remove judges of the U.S. Court of Appeals for the Armed Forces. Art. 142(b)-(c), UCMJ
• Appoint the Judge Advocates General. E.g., 10 U.S.C. § 7037(a) (Army TJAG)

Case-specific powers:

• Grant pardons, before or after conviction, and lesser forms of clemency. U.S. Const. art. II, § 2; see also art. 57(a)(3), UCMJ
• Approve death sentences adjudged by general courts-martial. Art. 57(a)(3), UCMJ; R.C.M. 1207
• Convene courts-martial. Arts. 22(a)(1), 23(a)(1), 24(a)(1), UCMJ; R.C.M. 504(b)
• Dismiss commissioned officers. Art. 4, UCMJ; R.C.M. 107
• Grant immunity. R.C.M. 704(c)
• Withhold the authority of a subordinate to dispose of charges in individual cases. R.C.M. 401(a)