10 U.S.C. § 949p–5 — Notice by accused of intention to disclose classified information
submitted 17 years ago by Pub. L. 111-84 to r/title-10-ARMED-FORCES · 290 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
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—
notice has been given under paragraph (1); and
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.
If the accused fails to comply with the requirements of subsection (a), the military judge—
may preclude disclosure of any classified information not made the subject of notification; and
may prohibit the examination by the accused of any witness with respect to any such information.
Source credit: (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2593.)
- 2009Enacted · Pub. L. 111-84 · 123 Stat. 2593
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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