Page:United States Statutes at Large Volume 120.djvu/2640

 PUBLIC LAW 109–366—OCT. 17, 2006

120 STAT. 2609

the adverse party with a fair opportunity to meet the evidence, the intention of the proponent to offer the evidence, and the particulars of the evidence (including information on the general circumstances under which the evidence was obtained). The disclosure of evidence under the preceding sentence is subject to the requirements and limitations applicable to the disclosure of classified information in section 949j(c) of this title. ‘‘(ii) Hearsay evidence not otherwise admissible under the rules of evidence applicable in trial by general courts-martial shall not be admitted in a trial by military commission if the party opposing the admission of the evidence demonstrates that the evidence is unreliable or lacking in probative value. ‘‘(F) The military judge shall exclude any evidence the probative value of which is substantially outweighed— ‘‘(i) by the danger of unfair prejudice, confusion of the issues, or misleading the commission; or ‘‘(ii) by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. ‘‘(3)(A) The accused in a military commission under this chapter who exercises the right to self-representation under paragraph (1)(D) shall conform his deportment and the conduct of the defense to the rules of evidence, procedure, and decorum applicable to trials by military commission. ‘‘(B) Failure of the accused to conform to the rules described in subparagraph (A) may result in a partial or total revocation by the military judge of the right of self-representation under paragraph (1)(D). In such case, the detailed defense counsel of the accused or an appropriately authorized civilian counsel shall perform the functions necessary for the defense. ‘‘(c) DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS.— The Secretary of Defense may delegate the authority of the Secretary to prescribe regulations under this chapter. ‘‘(d) NOTIFICATION TO CONGRESSIONAL COMMITTEES OF CHANGES TO PROCEDURES.—Not later than 60 days before the date on which any proposed modification of the procedures in effect for military commissions under this chapter goes into effect, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing the modification.

Deadline.

‘‘§ 949b. Unlawfully influencing action of military commission ‘‘(a) IN GENERAL.—(1) No authority convening a military commission under this chapter may censure, reprimand, or admonish the military commission, or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the military commission, or with respect to any other exercises of its or his functions in the conduct of the proceedings. ‘‘(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 his judicial acts; or ‘‘(C) the exercise of professional judgment by trial counsel or defense counsel.

VerDate 14-DEC-2004

09:16 Jul 13, 2007

Jkt 059194

PO 00003

Frm 00088

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.109

APPS06

PsN: PUBL003

�