10 U.S.C. § 904
Art. 104. Public records offenses
A prior section 904 was renumbered section 903b of this title.
Section effective on
Notes of Decisions
Cited in 15
cases, 1957–2020 · leading case: Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014).
Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014). “The only offenses then listed by statute were spying and aiding the enemy, 10 U.S.C. §§ 904 , 906 (2000). Because Bahlul was not charged with either of these offenses, the military commission trying him had jurisdiction only over violations triable by military commission under…”
Hamdan v. Rumsfeld, 548 U.S. 557 (2006). “” 10 U. S. C. § 904 . 2 Separate and apart from the offense of joining a contingent of “uncivilized combatants who [are] not.”
Salim Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012). “§ 904 , which was first codified in the Articles of War of 1806, see WILLIAM WINTHROP, MILITARY LAW AND PRECEDENTS 102-03, 981 (rev. 2d ed. 1920), generally requires breach of a duty of 14 After the Supreme Court’s 2006 decision in Hamdan, Congress enacted a new military…”
United States v. Al Bahlul, 820 F. Supp. 2d 1141 (M.C. 2011). “, concurring) ("the crime of aiding the enemy may, in circumstances where the accused owes allegiance to the party whose enemy he is alleged to have aided, be triable by military commission pursuant to Article 104 of the UCMJ, 10 U.S.C. § 904 . Indeed, the Government has charged…”
United States v. Curtis, 32 M.J. 252 (1991). “104 and 106, UCMJ, 10 USC § 904 and 906, respectively; In re Yamashita and Ex Parte Quirin, both supra; Madsden v.”
United States v. Garwood, 20 M.J. 148 (1985). “After a lengthy trial, appellant was convicted of communicating with the enemy and assault on an American prisoner of war, in violation of Articles 104 and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 904 and 928, respectively. Appellant was sentenced to be discharged…”
Edward S. Dickenson v. Colonel James W. Davis, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, 245 F.2d 317 (10th Cir. 1957). “* Now 10 U.S.C.A. §§ 904 , 905. 1 . “No enlisted man, lawfully inducted into the military service of the United States, shall be discharged from said service without a certificate of discharge * * *.”
Robert G. Thompson v. John S. Gleason, Jr., Adm'r of Vets. Affairs, 317 F.2d 901 (D.C. Cir. 1962). “107 -108, 133, 138 (now 10 U.S.C. § 904 ). . See dissenting opinion of Judge Fahy in this matter when it was before the three-judge court.”
United States v. Marshall, 18 C.M.A. 426 (1969). “4 Similarly, one who “aids, or attempts *431 to aid” the enemy violates Article 104, Code, supra, 10 USC § 904 ; the model specification for this offense also contains allegation of an overt act.”
United States v. Olson, 7 C.M.A. 460 (1957). “LatimER, Judge: Following his trial by general court-martial, the accused was found guilty of three offenses of aiding the enemy, in violation of Article 104, Uniform Code of Military Justice, 10 USC § 904 , and false swearing under oath, in violation of Article 134, Uniform…”
United States v. Johnson, 20 C.M.A. 320 (1971). “The record of trial clearly reflects that Agent Baker was aware of facts sufficient to cause one familiar with the Code to suspect the accused of a violation of, or an attempt to violate, *322 Article 104, Code, supra, 10 USC § 904 . 2 Agent Baker testified, in an out-of-court…”
United States v. Garwood, 16 M.J. 863 (1983). “On 5 February 1981, Private First Class Garwood, contrary to his pleas, was convicted by general court-martial, officer members, of aiding enemy forces within prisoner of war camps in the Republic of South Vietnam, in violation of Article 104, Uniform Code of Military Justice ■…”
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