123STA T . 2 596PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 tha tth e a c c us e dno td i sc l ose o r cause the disclosure o f such infor m ation .‘ ‘ (2)RESULTOF O RD ERU N DER PA RA G RAP H(1) . —W hene v er an accused is p revented by an order under para g raph ( 1 ) from disclosing or causing the disclosure of classified information , the military j udge shall dismiss the case, e x cept that, w hen the military judge determines that the interests of justice would not be served by dismissal of the case, the military judge shall order such other action, in lieu of dismissing the charge or specification, as the military judge determines is appropriate. S uch action may include, but need not be limited to, the fol - lowing
‘‘( A ) D ismissing specified charges or specifications. ‘‘( B ) F inding against the U nited States on any issue as to which the excluded classified information relates. ‘‘( C ) Stri k ing or precluding all or part of the testimony of a witness. ‘‘( 3 ) TIM E FOR THE UNITED STATES TO SEE K INTERLO C UTOR Y APPEAL.—An order under paragraph (2) shall not take effect until the military judge has afforded the United States— ‘‘(A) an opportunity to appeal such order under section 950 d of this title
and ‘‘(B) an opportunity thereafter to withdraw its objection to the disclosure of the classified information at issue. ‘‘(g) RECIPROCITY.— ‘‘(1) DISCLOSURE OF RE B UTTAL INFORMATION.—Whenever the military judge determines that classified information may be disclosed in connection with a trial or pretrial proceeding, the military judge shall, unless the interests of fairness do not so re q uire, order the United States to provide the accused with the information it expects to use to rebut the classified information. The military judge may place the United States under a continuing duty to disclose such rebuttal information. ‘‘(2) SANCTION FOR FAILURE TO COMPLY.— I f the United States fails to comply with its obligation under this subsection, the military judge— ‘‘(A) may exclude any evidence not made the subject of a required disclosure; and ‘‘(B) may prohibit the examination by the United States of any witness with respect to such information. ‘ ‘ §94 9 p–7.Introduc t i ono f c las sifi e d infor m ation into e v i - dence ‘‘(a) P RESER V ATION OF CLASSIFICATION STATUS.—Writings, recordings, and photographs containing classified information may be admitted into evidence in proceedings of military commissions under this chapter without change in their classification status. ‘‘(b) PRECAUTIONS BY M ILITARY J UDGES.— ‘‘(1) PRECAUTIONS IN ADMITTING CLASSIFIED INFORMATION INTO EVIDENCE.—The military judge in a trial by military commission, in order to prevent unnecessary disclosure of classi- fied information, may order admission into evidence of only part of a writing, recording, or photograph, or may order admis- sion into evidence of the whole writing, recording, or photograph with excision of some or all of the classified information con- tained therein, unless the whole ought in fairness be considered.
