120 STAT. 2610
PUBLIC LAW 109–366—OCT. 17, 2006
‘‘(3) Paragraphs (1) and (2) do not apply with respect to— ‘‘(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of military commissions; or ‘‘(B) statements and instructions given in open proceedings by a military judge or counsel. ‘‘(b) PROHIBITION ON CONSIDERATION OF ACTIONS ON COMMISSION IN EVALUATION OF FITNESS.—In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a commissioned officer of the armed forces is qualified to be advanced in grade, or in determining the assignment or transfer of any such officer or whether any such officer should be retained on active duty, no person may— ‘‘(1) consider or evaluate the performance of duty of any member of a military commission under this chapter; or ‘‘(2) give a less favorable rating or evaluation to any commissioned officer because of the zeal with which such officer, in acting as counsel, represented any accused before a military commission under this chapter. ‘‘§ 949c. Duties of trial counsel and defense counsel ‘‘(a) TRIAL COUNSEL.—The trial counsel of a military commission under this chapter shall prosecute in the name of the United States. ‘‘(b) DEFENSE COUNSEL.—(1) The accused shall be represented in his defense before a military commission under this chapter as provided in this subsection. ‘‘(2) The accused shall be represented by military counsel detailed under section 948k of this title. ‘‘(3) The accused may be represented by civilian counsel if retained by the accused, but only if such civilian counsel— ‘‘(A) is a United States citizen; ‘‘(B) is admitted to the practice of law in a State, district, or possession of the United States or before a Federal court; ‘‘(C) has not been the subject of any sanction of disciplinary action by any court, bar, or other competent governmental authority for relevant misconduct; ‘‘(D) has been determined to be eligible for access to classified information that is classified at the level Secret or higher; and ‘‘(E) has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any rules of court for conduct during the proceedings. ‘‘(4) Civilian defense counsel shall protect any classified information received during the course of representation of the accused in accordance with all applicable law governing the protection of classified information and may not divulge such information to any person not authorized to receive it. ‘‘(5) If the accused is represented by civilian counsel, detailed military counsel shall act as associate counsel. ‘‘(6) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 948k of this title to detail counsel, in that person’s sole discretion, may detail additional military counsel to represent the accused.
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