tion 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, 
military counsel detailed shall act as associate counsel. 
‘‘(6) The accused is not entitled to be represented by 
more than one military counsel. However, the person au-
thorized under regulations prescribed under section 948k 
of this title to detail counsel, in that person’s sole discre-
tion, may detail additional military counsel to represent 
the accused. 
‘‘(7) Defense counsel may cross-examine each witness 
for the prosecution who testifies before a military commis-
sion under this chapter. 
‘‘§ 949d. Sessions 
‘‘(a) SESSIONS
WITHOUT
PRESENCE
OF
MEM-
BERS.—(1) At any time after the service of charges which 
have been referred for trial by military commission under 
this chapter, the military judge may call the military com-
mission into session without the presence of the members 
for the purpose of— 
‘‘(A) hearing and determining motions raising 
defenses or objections which are capable of deter-
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CCOLEMAN on PROD1PC71 with BILLS
mination without trial of the issues raised by a plea 
of not guilty; 
‘‘(B) hearing and ruling upon any matter which 
may be ruled upon by the military judge under this 
chapter, whether or not the matter is appropriate for 
later consideration or decision by the members; 
‘‘(C) if permitted by regulations prescribed by 
the Secretary of Defense, receiving the pleas of the 
accused; and 
‘‘(D) performing any other procedural function 
which may be performed by the military judge under 
this chapter or under rules prescribed pursuant to 
section 949a of this title and which does not require 
the presence of the members. 
‘‘(2) Except as provided in subsections (c), (d), and 
(e), any proceedings under paragraph (1) shall— 
‘‘(A) be conducted in the presence of the ac-
cused, defense counsel, and trial counsel; and 
‘‘(B) be made part of the record. 
‘‘(b) PROCEEDINGS IN PRESENCE OF ACCUSED.— 
Except as provided in subsections (c) and (e), all pro-
ceedings of a military commission under this chapter, in-
cluding any consultation of the members with the military 
judge or counsel, shall— 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(1) be in the presence of the accused, defense 
counsel, and trial counsel; and 
‘‘(2) be made a part of the record. 
‘‘(c) DELIBERATION OR VOTE OF MEMBERS.—When 
the members of a military commission under this chapter 
deliberate or vote, only the members may be present. 
‘‘(d) CLOSURE OF PROCEEDINGS.—(1) The military 
judge may close to the public all or part of the proceedings 
of a military commission under this chapter, but only in 
accordance with this subsection. 
‘‘(2)(A) The military judge may close to the public 
all or a portion of the proceedings of a military commis-
sion under paragraph (1), or permit the admission of clas-
sified information outside the presence of the accused, 
based upon a presentation (including an ex parte or in 
camera presentation) by either the prosecution or the de-
fense. 
‘‘(B) Trial counsel may not make a presentation re-
questing the admission of classified information outside 
the presence of the accused unless the head of the depart-
ment or agency which has control over the matter (after 
personal consideration by that officer) certifies in writing 
to the military judge that— 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(i) the disclosure of the classified information 
to the accused could reasonably be expected to prej-
udice the national security; and 
‘‘(ii) that such evidence has been declassified to 
the maximum extent possible, consistent with the re-
quirements of national security. 
‘‘(3) The military judge may close to the public all 
or a portion of the proceedings of a military commission 
under paragraph (1) upon making a specific finding that 
such closure is necessary to— 
‘‘(A) protect information the disclosure of which 
could reasonably be expected to cause identifiable 
damage to the public interest or the national secu-
rity, including intelligence or law enforcement 
sources, methods, or activities; or 
‘‘(B) ensure the physical safety of individuals. 
‘‘(e) EXCLUSION OF ACCUSED FROM CERTAIN PRO-
CEEDINGS.—(1) The military judge may not exclude the 
accused from any portion of the proceeding except upon 
a specific finding of each of the following: 
‘‘(A) That the exclusion of the accused— 
‘‘(i) is necessary to protect classified infor-
mation the disclosure of which to the accused 
could reasonably be expected to cause identifi-
able damage to the national security, including 
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CCOLEMAN on PROD1PC71 with BILLS
intelligence or law enforcement sources, meth-
ods, or activities; 
‘‘(ii) is necessary to ensure the physical 
safety of individuals; or 
‘‘(iii) is necessary to prevent disruption of 
the proceedings by the accused. 
‘‘(B) That the exclusion of the accused— 
‘‘(i) is no broader than necessary; and 
‘‘(ii) will not deprive the accused of a full 
and fair trial. 
‘‘(2)(A) A finding under paragraph (1) may be based 
upon a presentation, including a presentation ex parte or 
in camera, by either trial counsel or defense counsel. 
‘‘(B) Before trial counsel may make a presentation 
for purposes of subparagraph (A) requesting the admis-
sion of classified information that has not been provided 
to the accused, the head of the executive or military de-
partment or governmental agency concerned shall ensure, 
and shall certify in writing to the military judge, that such 
evidence has been declassified to the maximum extent pos-
sible, consistent with the requirements of national secu-
rity. 
‘‘(3)(A) No evidence may be admitted that has not 
been provided to the accused unless the evidence is classi-
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