Page:United States Statutes at Large Volume 120.djvu/2643

 120 STAT. 2612

PUBLIC LAW 109–366—OCT. 17, 2006

the military judge, the accused persists in conduct that justifies exclusion from the courtroom— ‘‘(1) to ensure the physical safety of individuals; or ‘‘(2) to prevent disruption of the proceedings by the accused. ‘‘(f) PROTECTION OF CLASSIFIED INFORMATION.— ‘‘(1) NATIONAL SECURITY PRIVILEGE.—(A) Classified information shall be protected and is privileged from disclosure if disclosure would be detrimental to the national security. The rule in the preceding sentence applies to all stages of the proceedings of military commissions under this chapter. ‘‘(B) The privilege referred to in subparagraph (A) may be claimed by the head of the executive or military department or government agency concerned based on a finding by the head of that department or agency that— ‘‘(i) the information is properly classified; and ‘‘(ii) disclosure of the information would be detrimental to the national security. ‘‘(C) A person who may claim the privilege referred to in subparagraph (A) may authorize a representative, witness, or trial counsel to claim the privilege and make the finding described in subparagraph (B) on behalf of such person. The authority of the representative, witness, or trial counsel to do so is presumed in the absence of evidence to the contrary. ‘‘(2) INTRODUCTION OF CLASSIFIED INFORMATION.— ‘‘(A) ALTERNATIVES TO DISCLOSURE.—To protect classified information from disclosure, the military judge, upon motion of trial counsel, shall authorize, to the extent practicable— ‘‘(i) the deletion of specified items of classified information from documents to be introduced as evidence before the military commission; ‘‘(ii) the substitution of a portion or summary of the information for such classified documents; or ‘‘(iii) the substitution of a statement of relevant facts that the classified information would tend to prove. ‘‘(B) PROTECTION OF SOURCES, METHODS, OR ACTIVITIES.—The military judge, upon motion of trial counsel, shall permit trial counsel to introduce otherwise admissible evidence before the military commission, while protecting from disclosure the sources, methods, or activities by which the United States acquired the evidence if the military judge finds that (i) the sources, methods, or activities by which the United States acquired the evidence are classified, and (ii) the evidence is reliable. The military judge may require trial counsel to present to the military commission and the defense, to the extent practicable and consistent with national security, an unclassified summary of the sources, methods, or activities by which the United States acquired the evidence. ‘‘(C) ASSERTION OF NATIONAL SECURITY PRIVILEGE AT TRIAL.—During the examination of any witness, trial counsel may object to any question, line of inquiry, or motion to admit evidence that would require the disclosure of classified information. Following such an objection, the military judge shall take suitable action to safeguard such classified information. Such action may include the review

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