123STA T . 2 59 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 nocir c umsta nc e sma y ami l itary j u dg e order t h e release o f classified information to any p erson not authori z ed to recei v e such informa - tion .‘ ‘ (b)AC C ES S TOEVID E N CE. — Any information admitted into evi- dence pursuant to any rule , procedure, or order by the military judge shall be provided to the accused. ‘‘(c) D EC LA SSI F ICATION.— T rial counsel shall w or k with the original classification authorities for evidence that may be used at trial to ensure that such evidence is declassified to the ma x imum extent possible, consistent with the re q uirements of national secu- rity. A decision not to declassify evidence under this section shall not be subject to review by a military commission or upon appeal. ‘‘(d) C ONST RU CTION OF P ROVISIONS.—The judicial construction of the Classified I nformation Procedures Act ( 18U . S .C. App.) shall be authoritative in the interpretation of this subchapter, except to the extent that such construction is inconsistent with the specific requirements of this chapter. ‘ ‘ §94 9 p–2.Pret r ialconf erence ‘‘(a) M OTION.—At any time after service of charges, any party may move for a pretrial conference to consider matters relating to classified information that may arise in connection with the prosecution. ‘‘(b) CONFERENCE.— F ollowing a motion under subsection (a), or sua sponte, the military judge shall promptly hold a pretrial conference. Upon request by either party, the court shall hold such conference ex parte to the extent necessary to protect classified information from disclosure, in accordance with the practice of the Federal courts under the Classified Information Procedures Act (18 U.S.C. App.). ‘‘(c) MATTERS TO B E ESTA B LIS H ED AT PRETRIAL CONFERENCE.— ‘‘(1) TI M IN G OF SUBSE Q UENT ACTIONS.—At the pretrial con- ference, the military judge shall establish the timing of— ‘‘(A) requests for discovery
‘‘(B) the provision of notice required by section 94 9p –5 of this title; and ‘‘(C) the initiation of the procedure established by sec- tion 949p– 6 of this title. ‘‘( 2 ) O THER MATTERS.—At the pretrial conference, the mili- tary judge may also consider any matter— ‘‘(A) which relates to classified information; or ‘‘(B) which may promote a fair and expeditious trial. ‘‘(d) EFFECT OF ADMISSIONS B Y ACCUSED AT PRETRIAL CON- FERENCE.— N o admission made by the accused or by any counsel for the accused at a pretrial conference under this section may be used against the accused unless the admission is in writing and is signed by the accused and by the counsel for the accused. ‘‘§ 949p– 3 . Protecti v eor d er s ‘‘Upon motion of the trial counsel, the military judge shall issue an order to protect against the disclosure of any classified information that has been disclosed by the United States to any accused in any military commission under this chapter or that has otherwise been provided to, or obtained by, any such accused in any such military commission.
