Page:United States Statutes at Large Volume 120.djvu/2645

 120 STAT. 2614

PUBLIC LAW 109–366—OCT. 17, 2006

time by any judge advocate or other person certified to be qualified or competent for the duty; and ‘‘(B) if such an oath is taken, such oath need not again be taken at the time the judge advocate or other person is detailed to that duty. ‘‘(b) WITNESSES.—Each witness before a military commission under this chapter shall be examined on oath. ‘‘§ 949h. Former jeopardy ‘‘(a) IN GENERAL.—No person may, without his consent, be tried by a military commission under this chapter a second time for the same offense. ‘‘(b) SCOPE OF TRIAL.—No proceeding in which the accused has been found guilty by military commission under this chapter upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. ‘‘§ 949i. Pleas of the accused ‘‘(a) ENTRY OF PLEA OF NOT GUILTY.—If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the military commission shall proceed as though the accused had pleaded not guilty. ‘‘(b) FINDING OF GUILT AFTER GUILTY PLEA.—With respect to any charge or specification to which a plea of guilty has been made by the accused in a military commission under this chapter and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without a vote. The finding shall constitute the finding of the commission unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty. Regulations.

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‘‘§ 949j. Opportunity to obtain witnesses and other evidence ‘‘(a) RIGHT OF DEFENSE COUNSEL.—Defense counsel in a military commission under this chapter shall have a reasonable opportunity to obtain witnesses and other evidence as provided in regulations prescribed by the Secretary of Defense. ‘‘(b) PROCESS FOR COMPULSION.—Process issued in a military commission under this chapter to compel witnesses to appear and testify and to compel the production of other evidence— ‘‘(1) shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue; and ‘‘(2) shall run to any place where the United States shall have jurisdiction thereof. ‘‘(c) PROTECTION OF CLASSIFIED INFORMATION.—(1) With respect to the discovery obligations of trial counsel under this section, the military judge, upon motion of trial counsel, shall authorize, to the extent practicable— ‘‘(A) the deletion of specified items of classified information from documents to be made available to the accused; ‘‘(B) the substitution of a portion or summary of the information for such classified documents; or

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