123STA T . 2 58 5 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9inact in g a s c ou ns el,r e p resente d an y accused b e f ore a m ilitary commission under t h is chapter .‘ ‘ §94 9 c.Dutiesof t r i al cou n sel an d defense counsel ‘ ‘ ( a )TRIALCOUNSE L. — The trial counsel of a military commis - sion under this chapter shall prosecute in the name of the U nited S tates. ‘‘(b) D E F ENSE COUNSEL.—( 1 ) The accused shall be represented in the accused ’ s defense before a military commission under this chapter as pro v ided in this subsection. ‘‘( 2 ) The accused may be represented by military counsel detailed under section 948k of this title or by military counsel of the accused’s o w n selection, if reasonably available. ‘‘( 3 ) The accused may be represented by civilian counsel if retained by the accused, provided that such civilian counsel— ‘‘( A ) is a United States citi z en
‘‘( B ) is admitted to the practice of law in a State, district, or possession of the United States, or before a F ederal court; ‘‘(C) has not been the sub j ect of any sanction of disciplinary action by any court, bar, or other competent governmental authority for relevant misconduct; ‘‘(D) has been determined to be eligible for access to information classified at the level Secret or higher; and ‘‘( E ) has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any rules of court for conduct during the proceedings. ‘‘(4) I f the accused is represented by civilian counsel, military counsel shall act as associate counsel. ‘‘( 5 ) The accused is not entitled to be represented by more than one military counsel. H owever, the person authorized under regulations prescribed under section 948k of this title to detail counsel, in such person’s sole discretion, may detail additional mili- tary counsel to represent the accused. ‘‘( 6 ) Defense counsel may cross-e x amine each witness for the prosecution who testifies before a military commission under this chapter. ‘‘( 7 ) Civilian defense counsel shall protect any classified information received during the course of representation of the accused in accordance with all applicable law governing the protec- tion of classified information, and may not divulge such information to any person not authorized to receive it. ‘‘§ 949d. S essions ‘‘(a) SESSIONS W I TH OUT P RESEN C EOF M E MB ERS.—(1) At any time after the service of charges which have been referred for trial by military commission under this chapter, the military judge may call the military commission into session without the presence of the members for the purpose of— ‘‘(A) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; ‘‘(B) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members; ‘‘(C) if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; and Regulations.
