By the authority vested in me as President by Chapter 47 of Title 10 of the United States Code (the Uniform Code of Military Justice), in order to prescribe an amendment to the Military Rules of Evidence of the Manual for Courts-Martial, United States, 1969 (Revised edition), prescribed by Executive Order No. 11476, as amended by Executive Order 11835, Executive Order No. 12018, Executive Order No. 12198, and Executive Order No. 12233, it is hereby ordered as follows:
Section 1. Rule 410 of Chapter 27 of the Manual for Courts-Martial, United States, 1969 (Revised edition), is amended to read as follows:
"Rule 410. Inadmissibility of pleas, plea discussions, and related statements.
"(a) In general. Except as otherwise provided in this rule, evidence of the following is not admissible in any court-martial proceeding against the accused who made the plea or was a participant in the plea discussions:
(1) a plea of guilty which was later withdrawn;
(2) a plea of nolo contender;
(3) any statement made in the course of any judicial inquiry regarding either of the foregoing pleas; or
(4) any statement made in the course of plea discussions with the convening authority, staff judge advocate, trial counsel or other counsel for the Government which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.
However, such a statement is admissible (i) in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it, or (ii) in a court-martial proceeding for perjury or false statement if the statement was made by the accused under oath, on the record and in the presence of counsel.
"(b) Definitions. A "statement made in the course of plea discussions" includes a statement made by the accused solely for the purpose of requesting disposition under an authorized procedure for administrative action in lieu of trial by court-martial; "on the record" includes the written statement submitted by the accused in furtherance of such request.".
Sec. 2. Notwithstanding Military Rule of Evidence 1102, Military Rule of Evidence 410, as prescribed by Executive Order No. 12198, shall remain in effect until the amendment prescribed by Section i of this Order takes effect.
Sec. 3. The amendment of Military Rule of Evidence 410 prescribed by Section i of this Order shall take effect on August 1, 1981. That amendment applies to all court-martial processes taken on or after August 1, 1981: Provided, that nothing contained in that amendment shall be construed to in. validate any investigation, trial in which arraignment has been completed, or other action begun prior to that date; and any such investigation, trial, or other action may be completed in accordance with applicable laws, Executive Orders, and regulations in the same manner and with the same effect as if that amendment had not been prescribed.
Sec. 4. The Secretary of Defense, on behalf of the President, shall transmit a copy of this Order to the Congress of the United States in accord with Section 836 of Title 10 of the United States Code.
The White House,
June 1, 1981.
[Filed with the Office of the Federal Register, 11:41 a.m., June 2, 1981]