Page:United States Statutes at Large Volume 123.djvu/2615

 123STA T . 2 59 5 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 ‘ ‘ (i)the e v i d e nc ei sr e l i ab le and ‘‘(ii) the redacti o n is consistent w ith a f fordin g the acc u sed a fair trial . ‘‘(d) ALTERNA T IV E P R OC E DU RE F OR D I S CLOSURE OF C LASSIFIED I NFOR M ATION. — ‘‘( 1 ) M OTION BY T H E UNITED STATES.— Up on an y deter m ina - tion by the military j udge authori z ing the disclosure of specific classified information under the procedures established by this section , the trial counsel may move that, in lieu of the disclosure of such specific classified information, the military judge order— ‘‘(A) the substitution for such classified information of a statement admitting relevant facts that the specific classified information would tend to prove; ‘‘( B ) the substitution for such classified information of a summary of the specific classified information; or ‘‘(C) any other procedure or redaction limiting the disclosure of specific classified information. ‘‘( 2 ) ACTION ON MOTION.— T he military judge shall grant such a motion of the trial counsel if the military judge finds that the statement, summary, or other procedure or redaction will provide the defendant with substantially the same ability to ma k e his defense as would disclosure of the specific classified information. ‘‘( 3 ) H EARIN G ON MOTION.—The military judge shall hold a hearing on any motion under this subsection. Any such hearing shall be held in camera at the re q uest of a knowledge- able United S tates official possessing authority to classify information. ‘‘( 4 ) SUBMISSION OF STATEMENT OF DAMAGE TO NATIONAL SECURITY IF DISCLOSURE ORDERED.—The trial counsel may, in connection with a motion under paragraph (1), submit to the military judge a declaration signed by a knowledgeable United States official possessing authority to classify information certi- fying that disclosure of classified information would cause identifiable damage to the national security of the United States and e x plaining the basis for the classification of such informa- tion. If so requested by the trial counsel, the military judge shall examine such declaration during an ex parte presentation. ‘‘(e) SEALING OF R ECORDS OF IN CAMERA HEARINGS.—If at the close of an in camera hearing under this section (or any portion of a hearing under this section that is held in camera), the military judge determines that the classified information at issue may not be disclosed or elicited at the trial or pretrial proceeding, the record of such in camera hearing shall be sealed and preserved for use in the event of an appeal. The accused may seek reconsider- ation of the military judge ’ s determination prior to or during trial. ‘‘(f) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION BY THE ACCUSED; RELIEF FOR ACCUSED W HEN THE UNITED STATES OP POSES DISCLOSURE.— ‘‘(1) ORDER TO PREVENT DISCLOSURE BY ACCUSED.—When- ever the military judge denies a motion by the trial counsel that the judge issue an order under subsection (a), (c), or (d) and the trial counsel files with the military judge a declara- tion signed by a knowledgeable United States official possessing authority to classify information objecting to disclosure of the classified information at issue, the military judge shall order Certif i ca ti on.