123STA T . 2 58 1 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9‘ ‘ SUBCHAPTERIV— TRIA L PR O CE D URE ‘ ‘ Sec. ‘‘ 94 9 a . Rul e s . ‘‘949 b . Un la wf ull yi nfluencin g ac t i o nof m ilita r y commission an d United States C ourt of M ilitary Commission Re v iew. ‘‘949c. D uties of trial counsel and defense counsel. ‘‘949d. Sessions. ‘‘949e. Continuances. ‘‘949f. C h allenges. ‘‘949g. O aths. ‘‘949h. F ormer j eo p ardy. ‘‘949i. P leas of the accused. ‘‘949j. Opportunity to obtain witnesses and other evidence. ‘‘949 k . Defense of lack of mental responsibility. ‘‘949l. V oting and rulings. ‘‘949m. N umber of votes re q uired. ‘‘949n. Military commission to announce action. ‘‘949o. Record of trial. ‘ ‘ §94 9 a.Rules ‘‘ (a) P ROCEDU RE SAN DRU L ESO F E VI DENCE . —P ret r i a l, trial, a ndpos t - trial pro c ed u res, includin g ele m ents and modes o f proof, for cases tria b leb y military commission under t h is chapter may be prescribed by the Secretary of Defense. Such procedures may not be contrary to or inconsistent w ith this chapter. E x cept as otherwise pro v ided in this chapter or chapter 47 of this title, the procedures and rules of evidence applicable in trials by general courts-martial of the United States shall apply in trials by military commission under this chapter. ‘‘(b) E X CE PT IONS.—( 1 ) In trials by military commission under this chapter, the Secretary of Defense, in consultation with the Attorney G eneral, may ma k e such exceptions in the applicability of the procedures and rules of evidence otherwise applicable in general courts-martial as may be re q uired by the unique cir- cumstances of the conduct of military and intelligence operations during hostilities or by other practical need consistent with this chapter. ‘‘( 2 ) N otwithstanding any exceptions authori z ed by paragraph (1), the procedures and rules of evidence in trials by military commission under this chapter shall include, at a minimum, the following rights of the accused
‘‘(A) To present evidence in the accused ’ s defense, to cross- examine the witnesses who testify against the accused, and to examine and respond to all evidence admitted against the accused on the issue of guilt or innocence and for sentencing, as provided for by this chapter. ‘‘(B) To be present at all sessions of the military commission (other than those for deliberations or voting), except when excluded under section 9 49d of this title. ‘‘(C)(i) W hen none of the charges preferred against the accused are capital, to be represented before a military commis- sion by civilian counsel if provided at no expense to the Govern- ment, and by either the defense counsel detailed or the military counsel of the accused’s own selection, if reasonably available. ‘‘(ii) When any of the charges preferred against the accused are capital, to be represented before a military commission in accordance with clause (i) and, to the greatest extent prac- ticable, by at least one additional counsel who is learned in applicable law relating to capital cases and who, if necessary, may be a civilian and compensated in accordance with regula- tions prescribed by the Secretary of Defense. Ap p licab ili ty.
