§950d Interlocutory Appeals by the United States

Summary

The United States can ask the Court of Military Commission Review to review certain military judge orders during a military commission trial. These include orders that stop proceedings on a charge, keep out evidence that would be important to the case, orders about certain matters under section 949d(c) or (d), and orders about classified information (for example, allowing classified material to be disclosed, punishing non‑disclosure, or denying a protective order). The government cannot appeal an order that is, or is the same as, a finding of not guilty. Appeals about classified information are treated quickly and can challenge any order that would force disclosure, including earlier orders that led to it. If filed before trial, the appeal must be filed within 10 days and the trial cannot start until it is decided. If filed during trial, the judge must pause the trial and the court must hear argument within 4 days (no weekends or holidays), may skip new briefs, must decide within 4 days, and may issue no written opinion. Other appeals must be noticed to the judge within 5 days and sent to the court by the method the Secretary of Defense sets. For appeals that stop proceedings, exclude evidence, or involve 949d matters, the court only reviews legal questions. A classified‑information appeal and its decision do not stop the accused from raising the same issue later on appeal after conviction.