U.S. v. Czeschin, 56 M.J. 346

Core Criminal Law Subjects: Crimes: Article 107 - False Official Statements Pre-2019 offenses

1. paragraph 31c(6)(a) does not establish a right that may be asserted by an accused who is charged with violating Article 107

Miscellaneous Matters: Manual for Courts-Martial: Generally

1. the President’s interpretations of substantive offenses in Part IV of the Manual are not binding on the judiciary, which has the responsibility to interpret substantive offenses under the Code; however, the President may issue rules in Part IV and has the authority to grant greater rights under Part IV than might be provided by statute

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. there are "hierarchical sources of rights" in the military justice system, including the Constitution, federal statutes, Executive Orders, Department of Defense Directives, service directives, and federal common law; normal rules of statutory construction provide that the highest source authority will be paramount, unless a lower source creates rules that are constitutional and provide greater rights for the individual