§949d — Title 10 Armed Forces | U.S. Code

Summary

A military judge may call a military commission into session after charges are sent for trial even if the commission members are not there. The judge can hear and decide motions that do not need a full trial, rule on matters the judge is allowed to decide, accept pleas if the Secretary of Defense’s rules allow it, and handle other procedural tasks under the rules (including those under section 949a) that do not require the members. Only the accused, their lawyer, and the trial lawyer must be present for those sessions and the proceedings must be put on the record, unless other rules say otherwise. When members deliberate or vote, only the members can be present. The judge can close all or part of the trial to the public if needed to protect national security (including intelligence or law‑enforcement sources or methods) or people’s safety. That decision can be based on a private presentation by either side. The judge may remove the accused after a warning if the accused keeps behaving in a way that risks safety or disrupts the proceedings.

Title 10, §949d

Armed Forces — Source: USLM XML via OLRC

(a)(1)At any time after the service of charges which have been referred for trial by military commission under this chapter, the military judge may call the military commission into session without the presence of the members for the purpose of—

(A)hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;

(B)hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members;

(C)if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; and

(D)performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 949a of this title and which does not require the presence of the members.

(2)Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record.

(b)When the members of a military commission under this chapter deliberate or vote, only the members may be present.

(c)(1)The military judge may close to the public all or part of the proceedings of a military commission under this chapter.

(2)The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon making a specific finding that such closure is necessary to—

(A)protect information the disclosure of which could reasonably be expected to cause damage to the national security, including intelligence or law enforcement sources, methods, or activities; or

(B)ensure the physical safety of individuals.

(3)A finding under paragraph (2) may be based upon a presentation, including a presentation ex parte or in camera, by either trial counsel or defense counsel.

(d)The military judge may exclude the accused from any portion of a proceeding upon a determination that, after being warned by the military judge, the accused persists in conduct that justifies exclusion from the courtroom—

(1)to ensure the physical safety of individuals; or

(2)to prevent disruption of the proceedings by the accused.

Editorial Notes

Prior Provisions

A prior section 949d, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2611, related to sessions of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.

§949d Sessions

Summary

Title 10, §949d

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata