10 U.S.C. § 839 — Art. 39. Sessions

(a) After charges are referred to a court-martial consisting of a military judge and members, the judge may, subject to section 835 (article 35), call the court without the members to (1) hear and decide motions raising defenses or objections that can be decided without trying the issues raised by a not-guilty plea; (2) hear and rule on matters the judge may rule on under this chapter, even if members could later consider them; (3) arraign the accused and receive pleas; (4) conduct sentencing and sentence under section 853(b)(1) (article 53(b)(1)); and (5) perform another procedural function allowed to the judge by this chapter or rules under section 836 (article 36) that does not require members. (b) These proceedings must include the accused, defense counsel, and trial counsel and must be recorded. They may occur regardless of the number of members and without regard to section 829 (article 29). If authorized by the Secretary concerned and at least one defense counsel is physically with the accused, audiovisual technology, such as videoteleconferencing, may establish the required presence. (c) During member deliberation or voting, only members may be present. All other proceedings, including other consultation of members with counsel or the judge, must be recorded and occur with the accused, defense counsel, trial counsel, and judge present. (d) Military-commission findings, holdings, interpretations, and other precedents under chapter 47A (1) may not be introduced or considered in a court-martial proceeding under this chapter and (2) may not form the basis of a court-martial holding, decision, or determination.