Page:United States Statutes at Large Volume 123.djvu/2621

 123STA T . 2 60 1 PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (3)Awaiverund er p ara g rap h ( 1 ) m u stb e f i l ed , if at all, within 1 0 da y s after n o ti c e of the action is served on the accused or on defense counsel under section 95 0b(c)( 4 ) of this title .T he convening authority, for good cause, may e x tend the period for such filing by not more than 30 days. ‘‘(c) WITHDRAW A LOF A P P E AL. —E xcept in a case in which the sentence as approved under section 950b of this title extends to death, the accused may withdraw an appeal at any time. ‘‘(d) EFFE C TOFWAI V ER OR WITHDRAWAL.—A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 950f of this title. ‘ ‘ §950d.Interlocu tor yap peal sb yt h e U n i ted S tates ‘‘(a) IN TERLOC U TOR Y APPEAL.—Except as provided in subsection (b), in a trial by military commission under this chapter, the U nited S tates may ta k e an interlocutory appeal to the United States C ourt of M ilitary Commission R eview of any order or ruling of the military j udge— ‘‘(1) that terminates proceedings of the military commission with respect to a charge or specification ‘‘( 2 ) that excludes evidence that is substantial proof of a fact material in the proceeding; ‘‘(3) that relates to a matter under subsection (c) or (d) of section 949d of this title; or ‘‘(4) that, with respect to classified information— ‘‘(A) authori z es the disclosure of such information; ‘‘( B ) imposes sanctions for nondisclosure of such information; or ‘‘(C) refuses a protective order sought by the United States to prevent the disclosure of such information. ‘‘(b) L I M ITATION.—The United States may not appeal under subsection (a) an order or ruling that is, or amounts to, a finding of not guilty by the military commission with respect to a charge or specification. ‘‘(c) SCOPE OF APPEAL RI G HT WITH RE S PECT TO CLASSIFIED INFORMATION.—The United States has the right to appeal under paragraph (4) of subsection (a) whenever the military judge enters an order or ruling that would re q uire the disclosure of classified information, without regard to whether the order or ruling appealed from was entered under this chapter, another provision of law, a rule, or otherwise. Any such appeal may embrace any preceding order, ruling, or reasoning constituting the basis of the order or ruling that would authorize such disclosure. ‘‘(d) TIMING AND ACTION ON INTERLOCUTORY APPEALS RELATING TO CLASSIFIED INFORMATION.— ‘‘(1) APPEAL TO B EE X PEDITED.—An appeal taken pursuant to paragraph (4) of subsection (a) shall be expedited by the United States Court of Military Commission Review. ‘‘(2) APPEALS BEFORE TRIAL.—If such an appeal is taken before trial, the appeal shall be taken within 10 days after the order or ruling from which the appeal is made and the trial shall not commence until the appeal is decided. ‘‘(3) APPEALS DURING TRIAL.—If such an appeal is taken during trial, the military judge shall adjourn the trial until the appeal is decided, and the court of appeals— Deadlin e . Deadline.