10 U.S.C. § 949p–1 — Protection of classified information: applicability of subchapter
submitted 17 years ago by Pub. L. 111-84 to r/title-10-ARMED-FORCES · 177 words · no verdicts yet
This section sets rules about Protection of classified information: applicability of subchapter. It contains the requirements, permissions, limits, and exceptions stated in its subsections.
(a) Protection of Classified Information* .— Classified information must be protected and is privileged from disclosure if disclosure would be detrimental to the national security*. Under no circumstances may a military judge order the release of classified information to any person not authorized to receive such information. (b) Access to Evidence .— Any information admitted into evidence pursuant to any rule, procedure, or order by the military judge must be provided to the accused. (c) Declassification .— Trial counsel must work with the original classification authorities for evidence that can be used at trial to ensure that such evidence is declassified to the maximum extent possible, consistent with the requirements of national security. A decision not to declassify evidence under this section must not be subject to review by a military commission or upon appeal. (d) Construction of Provisions .— The judicial construction of the Classified Information Procedures Act (18 U.S.C. App.) must be authoritative in the interpretation of this subchapter, except to the extent that such construction is inconsistent with the specific requirements of this chapter.
Classified information shall be protected and is privileged from disclosure if disclosure would be detrimental to the national security*. Under no circumstances may a military judge order the release of classified information to any person not authorized to receive such information.
Any information admitted into evidence pursuant to any rule, procedure, or order by the military judge shall be provided to the accused.
Trial counsel shall work with the original classification authorities for evidence that may be used at trial to ensure that such evidence is declassified to the maximum extent possible, consistent with the requirements of national security. A decision not to declassify evidence under this section shall not be subject to review by a military commission or upon appeal.
The judicial construction of the Classified Information Procedures Act (18 U.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.
Source credit: (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2590.)
- 2009Enacted · Pub. L. 111-84 · 123 Stat. 2590
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-84 on 2009-10-28.
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