Page:United States Statutes at Large Volume 123.djvu/2603

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123STA T . 2 58 3 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9orintel li g en c eo p er a tion s t h at w o u l d li k el y result f ro m the production of the witness

and ‘ ‘ (IV) the general purposes of the rules of e v idence and the interests of j ustice will b est be served by admission of the statement into evidence . ‘‘( 4 )( A ) T he accused in a military commission under this chapter who e x ercises the right to self - representation under paragraph ( 2 )( D ) shall conform the accused ’ s deportment and the conduct of the defense to the rules of evidence , procedure, and decorum applicable to trials by military commission. ‘‘( B ) F ailure of the accused to conform to the rules described in subparagraph (A) may result in a partial or total revocation by the military judge of the right of self-representation under para- graph (2)(D). In such case, the military counsel of the accused or an appropriately authori z ed civilian counsel shall perform the functions necessary for the defense. ‘‘(c) D EL E GATION O F A U T H O R IT Y TO P RE SC RI B E R EGULATIONS. — The S ecretary of Defense may delegate the authority of the Sec- retary to prescribe regulations under this chapter. ‘‘(d) N OTICE TO C ONGRESS OF M O D IFICATION OF RULES.—Not later than 60 days before the date on which any proposed modifica- tion of the rules in effect for military commissions under this chapter goes into effect, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the H ouse of Representatives a report describing the proposed modification. ‘ ‘ §94 9 b.Unlawfu ll yi nflu e n c in g ac t i o nof m ilita r y commi s sion an d United S tates C ourt of M ilitary Commission R e v iew ‘‘(a) MILITARY CO M MISSIONS.—( 1 ) No authority convening a mili- tary commission under this chapter may censure, reprimand, or admonish the military commission, or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the military commission, or with respect to any other exercises of its or their functions in the conduct of the proceedings. ‘‘(2) No person may attempt to coerce or, by any unauthorized means, influence— ‘‘(A) the action of a military commission under this chapter, or any member thereof, in reaching the findings or sentence in any case; ‘‘(B) the action of any convening, approving, or reviewing authority with respect to their judicial acts; or ‘‘(C) the exercise of professional judgment by trial counsel or defense counsel. ‘‘( 3 ) The provisions of this subsection shall not apply with respect to— ‘‘(A) general instructional or informational courses in mili- tary 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) U NITED STATES COURT OF MILITARY COMMISSION RE V IE W .— (1) No person may attempt to coerce or, by any unauthorized means, influence— Deadlin e .R e ports .