§950d Interlocutory appeals by the United States

Summary

The United States can appeal certain orders by a military commission judge to the United States Court of Military Commission Review. These include orders that stop proceedings on a charge, block evidence that is important to the case, some pretrial matters under section 949d(c) or (d), and orders about classified information (for example, orders that would force disclosure, punish failure to disclose, or deny a government protective order). The government cannot appeal an order that is a finding of not guilty. If an order would force disclosure of classified information, the government can always appeal it and can include earlier orders or reasons that led to it. Those appeals must be handled quickly. If filed before trial, the appeal must be filed within 10 days and the trial must wait. If filed during trial, the trial must pause, the court must hear argument within 4 days (not counting weekends and holidays), may skip extra briefs, must decide within 4 days of argument, and may issue no written opinion. For other allowed appeals the government must file a notice within 5 days. Appeals go directly to the Court under Defense Department rules. Appeals about stopping the case, excluded evidence, or the 949d matters are limited to legal questions. A government appeal about classified information does not stop the accused from later arguing error after a conviction.