Page:United States Statutes at Large Volume 123.djvu/2606

 123STA T . 2 586PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9‘ ‘ (D)perfo r minga n y o th er pro c e du ra l function w hich may b e performed by the military j udge under thi s chapter or under rules prescribed pursuant to section 94 9a of this title and which does not re q uire the presence of the members . ‘‘( 2 ) Ex cept as pro v ided in subsections (b) , (c), and (d), any proceedings under paragraph ( 1 ) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record. ‘‘(b) D ELIB E RAT I ON OR V OTE O FM E M BER S . —W hen the members of a military commission under this chapter deliberate or vote, only the members may be present. ‘‘(c) C LOS U RE OF P RO C EE D IN G S.—(1) T he military judge may close to the public all or part of the proceedings of a military commission under this chapter. ‘‘(2) The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon ma k ing a specific finding that such closure is necessary to— ‘‘( A ) protect information the disclosure of which could reasonably be expected to cause damage to the national secu - rity, including intelligence or law enforcement sources, methods, or activities or ‘‘( B ) ensure the physical safety of individuals. ‘‘( 3 ) A finding under paragraph (2) may be based upon a presen- tation, including a presentation ex parte or in camera, by either trial counsel or defense counsel. ‘‘(d) E X CLUSION OF ACCUSED F ROM CERTAIN PROCEEDINGS.— The military judge may exclude the accused from any portion of a proceeding upon a determination that, after being warned by 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. ‘ ‘ §94 9 e.Conti n ua n c e s ‘‘The military judge in a military commission under this chapter may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. ‘‘§ 949 f .C h a l len g es ‘‘(a) C H ALLENGES AUTHORI Z ED.—The military judge and mem- bers of a military commission under this chapter may be challenged by the accused or trial counsel for cause stated to the military commission. The military judge shall determine the relevance and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered. ‘‘(b) PEREM P TOR Y CHALLENGES.—The accused and trial counsel are each entitled to one peremptory challenge, but the military judge may not be challenged except for cause. ‘‘(c) CHALLENGES AGAINST ADDITIONAL MEMBERS.—Whenever additional members are detailed to a military commission under this chapter, and after any challenges for cause against such addi- tional members are presented and decided, the accused and trial counsel are each entitled to one peremptory challenge against mem- bers not previously subject to peremptory challenge. Det e rmina ti o n . Determination. R e c or ds .