Title 10, Armed ForcesRelease 119-110

§949p–5 Notice by Accused of Intention to Disclose Classified Information

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47A — MILITARY COMMISSIONS › SUBCHAPTER V — CLASSIFIED INFORMATION PROCEDURES › § 949p–5

Last updated Sep 22, 2026|Official source

Summary

If a person on trial expects to disclose classified information in a trial or pretrial hearing, they must tell the prosecutor and the military judge in writing. If the judge did not set a time, the notice must be given at least 30 days before trial. The notice must include a short description of the classified information. If the person later learns of more classified information they expect to disclose, they must tell the prosecutor and judge in writing as soon as possible. The person cannot disclose any known or believed classified information until notice is given and the United States has had a reasonable chance to seek a decision under section 949p–6 and the time to appeal under section 950d has passed or any appeal is decided. If the person fails to follow these rules, the military judge may block disclosure of the undisclosed classified information and may stop the person from asking witnesses about it.

Full Legal Text

Title 10, §949p–5

Armed Forces, Source: USLM XML via OLRC

(a)Notice by Accused.—

(1)Notification of trial counsel and military judge.—

If an accused reasonably expects to disclose, or to cause the disclosure of, classified information in any manner in connection with any trial or pretrial proceeding involving the prosecution of such accused, the accused shall, within the time specified by the military judge or, where no time is specified, within 30 days before trial, notify the trial counsel and the military judge in writing. Such notice shall include a brief description of the classified information. Whenever the accused learns of additional classified information the accused reasonably expects to disclose, or to cause the disclosure of, at any such proceeding, the accused shall notify trial counsel and the military judge in writing as soon as possible thereafter and shall include a brief description of the classified information.

(2)Limitation on disclosure by accused.—

No accused shall disclose, or cause the disclosure of, any information known or believed to be classified in connection with a trial or pretrial proceeding until—

(A)notice has been given under paragraph (1); and

(B)the United States has been afforded a reasonable opportunity to seek a determination pursuant to the procedure set forth in section 949p–6 of this title and the time for the United States to appeal such determination under section 950d of this title has expired or any appeal under that section by the United States is decided.

(b)Failure To Comply.—

If the accused fails to comply with the requirements of subsection (a), the military judge—

(1)may preclude disclosure of any classified information not made the subject of notification; and

(2)may prohibit the examination by the accused of any witness with respect to any such information.

Reference

Citations & Metadata

Citation

10 U.S.C. § 949p–5

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110