Notice by accused of intention to disclose classified information

10 U.S.C. § 949p–5

• Title: 10 — Armed Forces
• Chapter: SUBCHAPTER V—CLASSIFIED INFORMATION PROCEDURES

Text

(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.

History

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2593.)