under this chapter upon any charge or specification is a 
trial in the sense of this section until the finding of guilty 
has become final after review of the case has been fully 
completed. 
‘‘§ 949i. Pleas of the accused 
‘‘(a) ENTRY OF PLEA OF NOT GUILTY.—If an ac-
cused in a military commission under this chapter after 
a plea of guilty sets up matter inconsistent with the plea, 
or if it appears that the accused has entered the plea of 
guilty through lack of understanding of its meaning and 
effect, or if the accused fails or refuses to plead, a plea 
of not guilty shall be entered in the record, and the mili-
tary commission shall proceed as though the accused had 
pleaded not guilty. 
‘‘(b) FINDING OF GUILT AFTER GUILTY PLEA.— 
With respect to any charge or specification to which a plea 
of guilty has been made by the accused in a military com-
mission under this chapter and accepted by the military 
judge, a finding of guilty of the charge or specification 
may be entered immediately without a vote. The finding 
shall constitute the finding of the commission unless the 
plea of guilty is withdrawn prior to announcement of the 
sentence, in which event the proceedings shall continue as 
though the accused had pleaded not guilty. 
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‘‘§ 949j. Opportunity to obtain witnesses and other 
evidence 
‘‘(a) RIGHT OF DEFENSE COUNSEL.—Defense coun-
sel in a military commission under this chapter shall have 
a reasonable opportunity to obtain witnesses and other evi-
dence, including evidence in the possession of the United 
States, as provided in regulations prescribed by the Sec-
retary of Defense. 
‘‘(b) PROCESS FOR COMPULSION.—Process issued in 
a military commission under this chapter to compel wit-
nesses to appear and testify and to compel the production 
of other evidence— 
‘‘(1) shall be similar to that which courts of the 
United States having criminal jurisdiction may law-
fully issue; and 
‘‘(2) shall run to any place where the United 
States shall have jurisdiction thereof. 
‘‘(c) TREATMENT OF CLASSIFIED INFORMATION.— 
The military judge in a military commission under this 
chapter, upon a sufficient showing, may authorize trial 
counsel, in making documents available to the accused 
through discovery conducted pursuant to such rules as the 
Secretary of Defense shall prescribe, to delete specified 
items of classified information from such documents and, 
when such a deletion is made— 
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‘‘(1) to substitute an unclassified summary of 
the classified information in such documents; or 
‘‘(2) to substitute an unclassified statement ad-
mitting relevant facts that classified information in 
such documents would tend to prove. 
‘‘(d) DISCLOSURE OF EXCULPATORY EVIDENCE.— 
(1) As soon as practicable, trial counsel in a military com-
mission under this chapter shall disclose to the defense 
the existence of any evidence known to trial counsel that 
reasonably tends to exculpate the accused. 
‘‘(2) Exculpatory evidence that consists of classified 
information may be provided solely to defense counsel, and 
not the accused, after review in camera by the military 
judge. 
‘‘(3) Before evidence may be withheld from the ac-
cused under this subsection, the head of the executive or 
military department or government agency concerned shall 
ensure, and shall certify in writing to the military judge, 
that— 
‘‘(A) the disclosure of such evidence to the ac-
cused could reasonably be expected to prejudice the 
national security; and 
‘‘(B) such evidence has been declassified to the 
maximum extent possible, consistent with the re-
quirements of national security. 
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