2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 47A - MILITARY COMMISSIONS (§§ 948a - 950t)
Subchapter IV - TRIAL PROCEDURE (§§ 949a - 949o)
Section 949b - Unlawfully influencing action of military commission and United States Court of Military...
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47A - MILITARY COMMISSIONS SUBCHAPTER IV - TRIAL PROCEDURE Sec. 949b - Unlawfully influencing action of military commission and United States Court of Military Commission Review |
Contains | section 949b |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 111-84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2583; amended Pub. L. 112-81, div. A, title X, §1034(b), Dec. 31, 2011, 125 Stat. 1573. |
Statutes at Large References | 120 Stat. 2609 123 Stat. 2583 125 Stat. 1573 |
Public Law References | Public Law 109-366, Public Law 111-84, Public Law 112-81 |
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(a)
(2) No person may attempt to coerce or, by any unauthorized means, influence—
(A) the action of a military commission under this chapter, or any member thereof, in reaching the findings or sentence in any case;
(B) the action of any convening, approving, or reviewing authority with respect to their judicial acts; or
(C) the exercise of professional judgment by trial counsel or defense counsel.
(3) The provisions of this subsection shall not apply with respect to—
(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of military commissions; or
(B) statements and instructions given in open proceedings by a military judge or counsel.
(b)
(A) the action of a judge on the United States Court of Military Commissions Review in reaching a decision on the findings or sentence on appeal in any case; or
(B) the exercise of professional judgment by trial counsel or defense counsel appearing before the United States Court of Military Commission Review.
(2) No person may censure, reprimand, or admonish a judge on the United States Court of Military Commission Review, or counsel thereof, with respect to any exercise of their functions in the conduct of proceedings under this chapter.
(3) The provisions of this subsection shall not apply with respect to—
(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of military commissions; or
(B) statements and instructions given in open proceedings by a judge on the United States Court of Military Commission Review, or counsel.
(4) No appellate military judge on the United States Court of Military Commission Review may be reassigned to other duties, except under circumstances as follows:
(A) The appellate military judge voluntarily requests to be reassigned to other duties and the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, approves such reassignment.
(B) The appellate military judge retires or otherwise separates from the armed forces.
(C) The appellate military judge is reassigned to other duties by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, based on military necessity and such reassignment is consistent with service rotation regulations (to the extent such regulations are applicable).
(D) The appellate military judge is withdrawn by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, for good cause consistent with applicable procedures under chapter 47 of this title (the Uniform Code of Military Justice).
(c)
(1) consider or evaluate the performance of duty of any member of a military commission under this chapter; or
(2) give a less favorable rating or evaluation to any commissioned officer because of the zeal with which such officer, in acting as counsel, represented any accused before a military commission under this chapter.
(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2583; amended Pub. L. 112–81, div. A, title X, §1034(b), Dec. 31, 2011, 125 Stat. 1573.)
Prior ProvisionsA prior section 949b, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2609, related to unlawfully influencing action of military commission, prior to the general amendment of this chapter by Pub. L. 111–84.
Amendments2011—Subsec. (b)(1)(A). Pub. L. 112–81, §1034(b)(1), substituted “a judge on” for “a military appellate judge or other duly appointed judge under this chapter on”.
Subsec. (b)(2). Pub. L. 112–81, §1034(b)(2), substituted “a judge on” for “a military appellate judge on”.
Subsec. (b)(3)(B). Pub. L. 112–81, §1034(b)(3), substituted “a judge on” for “an appellate military judge or a duly appointed appellate judge on”.
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