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10 U.S.C. § 949p–5 — Notice by accused of intention to disclose classified information
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949p-6&num=0&edition=prelim) and the time for the United States to appeal such determination under [section 950d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section950d&num=0&edition=prelim) 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 s
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Source file: Laws/federal/codes/united-states-code/title-10/section-949p5-notice-by-accused-of-intention-to-disclose-classified-information--450dacbfa5.md
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Source location: Title 10, Chapter 47A, § 949p–5; chapter-47a-military-commissions.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949p-6&num=0&edition=prelim) and the time for the United States to appeal such determination under [section 950d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section950d&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Interlocutory Appeal.—** Except as provided in subsection (b), in a trial by military commission under this chapter, the United States may take an interlocutory appeal to the United States Court of Military Commission Review of any order or ruling of the military judge—
(1) that terminates proceedings of the military commission with respect to a charge or specification;
(2) that excludes evidence that is substantial proof of a fact material in the proceeding;
(3) that relates to a matter under subsection (c) or (d) of [section 949d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949d&num=0&edition=prelim); or
(4) that, with respect to classified information—
(A) authorizes the disclosure of such information;
(B) imposes sanctions for nondisclosure of such information; or
(C) refuses a protective order sought by the United States to prevent the disclosure of such information.
**(b) Limitation.—** The United States may not appeal under subsection (a) an order or ruling that is, or amounts to, a finding of not guilty by the military commission with respect to a charge or specification.
**(c) Scope of Appeal Right With Respect to Classified Information.—** The United States has the right to appeal under paragraph (4) of subsection (a) whenever the military judge enters an order or ruling that would require the disclosure of classified information, without regard to whether the order or ruling appealed from was entered under this chapter, another provision of law, a rule, or otherwise. Any such appeal may embrace any preceding order, ruling, or reasoning constituting the basis of the order or ruling that would authorize such disclosure.
**(d) Timing and Action on Interlocutory Appeals Relating to Classified Inf
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