or efficiency of a military judge detailed to the military 
commission which relates to his performance of duty as 
a military judge on the military commission. 
‘‘§ 948k. Detail of trial counsel and defense counsel 
‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial 
counsel and military defense counsel shall be detailed for 
each military commission under this chapter. 
‘‘(2) Assistant trial counsel and assistant and asso-
ciate defense counsel may be detailed for a military com-
mission under this chapter. 
‘‘(3) Military defense counsel for a military commis-
sion under this chapter shall be detailed as soon as prac-
ticable after the swearing of charges against the accused. 
‘‘(4) The Secretary of Defense shall prescribe regula-
tions providing for the manner in which trial counsel and 
military defense counsel are detailed for military commis-
sions under this chapter and for the persons who are au-
thorized to detail such counsel for such commissions. 
‘‘(b) TRIAL COUNSEL.—Subject to subsection (d), 
trial counsel detailed for a military commission under this 
chapter must be— 
‘‘(1) a judge advocate (as that term is defined 
in section 801 of this title (article 1 of the Uniform 
Code of Military Justice) who is— 
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‘‘(A) a graduate of an accredited law 
school or is a member of the bar of a Federal 
court or of the highest court of a State; and 
‘‘(B) certified as competent to perform du-
ties as trial counsel before general courts-mar-
tial by the Judge Advocate General of the 
armed force of which he is a member; or 
‘‘(2) a civilian who is— 
‘‘(A) a member of the bar of a Federal 
court or of the highest court of a State; and 
‘‘(B) otherwise qualified to practice before 
the military commission pursuant to regulations 
prescribed by the Secretary of Defense. 
‘‘(c) MILITARY DEFENSE COUNSEL.—Subject to sub-
section (d), military defense counsel detailed for a military 
commission under this chapter must be a judge advocate 
(as so defined) who is— 
‘‘(1) a graduate of an accredited law school or 
is a member of the bar of a Federal court or of the 
highest court of a State; and 
‘‘(2) certified as competent to perform duties as 
defense counsel before general courts-martial by the 
Judge Advocate General of the armed force of which 
he is a member. 
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‘‘(d) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 
person who has acted as an investigator, military judge, 
or member of a military commission under this chapter 
in any case may act later as trial counsel or military de-
fense counsel in the same case. No person who has acted 
for the prosecution before a military commission under 
this chapter may act later in the same case for the de-
fense, nor may any person who has acted for the defense 
before a military commission under this chapter act later 
in the same case for the prosecution. 
‘‘§ 948l. Detail or employment of reporters and inter-
preters 
‘‘(a) COURT REPORTERS.—Under such regulations 
as the Secretary of Defense may prescribe, the convening 
authority of a military commission under this chapter 
shall detail to or employ for the commission qualified court 
reporters, who shall make a verbatim recording of the pro-
ceedings of and testimony taken before the commission. 
‘‘(b) INTERPRETERS.—Under such regulations as the 
Secretary of Defense may prescribe, the convening author-
ity of a military commission under this chapter may detail 
to or employ for the military commission interpreters who 
shall interpret for the commission and, as necessary, for 
trial counsel and defense counsel. 
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‘‘(c) TRANSCRIPT; RECORD.—The transcript of a 
military commission under this chapter shall be under the 
control of the convening authority of the commission, who 
shall also be responsible for preparing the record of the 
proceedings. 
‘‘§ 948m. Number of members; excuse of members; ab-
sent and additional members 
‘‘(a) NUMBER OF MEMBERS.—(1) A military com-
mission under this chapter shall, except as provided in 
paragraph (2), have at least five members. 
‘‘(2) In a case in which the death penalty is sought, 
the military commission shall have the number of members 
prescribed by section 949m(c) of this title. 
‘‘(b) EXCUSE OF MEMBERS.—No member of a mili-
tary commission under this chapter may be absent or ex-
cused after the military commission has been assembled 
for the trial of a case unless excused— 
‘‘(1) as a result of challenge; 
‘‘(2) by the military judge for physical disability 
or other good cause; or 
‘‘(3) by order of the convening authority for 
good cause. 
‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—When-
ever a military commission under this chapter is reduced 
below the number of members required by subsection (a), 
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