§949p–5 Notice by accused of intention to disclose classified information

Summary

If a person accused in a military trial thinks they will share or cause the sharing of classified information in the trial or pretrial work, they must tell the trial counsel and the military judge in writing. They must do this when the judge says to, or if the judge gives no time, at least 30 days before trial. The notice must give a short description of the classified information. If they learn of more classified material later, they must tell the judge and counsel in writing as soon as they can and describe it briefly. The accused must not share any classified information in the case until they give the notice and the United States has had a fair chance to ask for a decision under section 949p–6 and the time to appeal under section 950d has passed or any appeal is decided. If the accused does not follow these rules, the military judge may block any classified information that was not reported and may stop the accused from questioning witnesses about that information.