United States v. Rapert

Judge OHLSON

delivered the opinion of the Court.1

Appellant was charged with communicating a threat against the President of the United States in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2012), Contrary to his pleas, Appellant was convicted by a military judge sitting as a special court-martial. We granted review to determine whether the military judge’s interpretation of what constitutes communicating a threat under Article 134, UCMJ, conflicts with the Supreme Court’s recent holding in Elonis v. United States, — U.S. -, 135 S.Ct. 2001, 192 L.Ed.2d 1…