fied information and the military judge makes a specific 
finding that— 
‘‘(i) consideration of that evidence by the mili-
tary commission, without the presence of the ac-
cused, is warranted; 
‘‘(ii) admission of an unclassified summary or 
redacted version of that evidence would not be an 
adequate substitute and, in the case of testimony, al-
ternative methods to obscure the identity of the wit-
ness are not adequate; and 
‘‘(iii) admission of the evidence would not de-
prive the accused of a full and fair trial. 
‘‘(B) If the accused is excluded from a portion of the 
proceedings, the accused shall be provided with a redacted 
transcript of the proceedings from which excluded and, to 
the extent practicable, an unclassified summary of any evi-
dence introduced. Under no circumstances shall such a 
summary or redacted transcript compromise the interests 
warranting the exclusion of the accused under paragraph 
(1). 
‘‘(4)(A) Military defense counsel shall be present and 
able to participate in all trial proceedings and shall be 
given access to all evidence admitted under paragraph (3). 
‘‘(B) Civilian defense counsel shall be permitted to 
be present and to participate in proceedings from which 
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the accused is excluded under this subsection, and shall 
be given access to classified information admitted under 
this subsection, if— 
‘‘(i) civilian defense counsel has obtained the 
necessary security clearances; and 
‘‘(ii) the presence of civilian defense counsel or 
access of civilian defense counsel to such informa-
tion, as applicable, is consistent with regulations to 
protect classified information that the Secretary of 
Defense may prescribe. 
‘‘(C) Any defense counsel who receives classified in-
formation admitted under this subsection shall not be obli-
gated to, and may not, disclose that information to the 
accused. 
‘‘(D) At all times the accused must have defense 
counsel with sufficient security clearance to participate in 
any proceeding, including an ex parte or in camera presen-
tation, with respect to classified information. 
‘‘(5) If evidence has been admitted under this sub-
section that has not been provided to the accused, the 
judge shall instruct the members of the commission— 
‘‘(A) that such evidence was so admitted; and 
‘‘(B) that, in weighing the value of that evi-
dence, the commission shall consider the fact that 
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such evidence was admitted without having been 
provided to the accused. 
‘‘(f) ADMISSION OF STATEMENTS OF ACCUSED.—(1) 
A statement described in paragraph (2) that is made by 
the accused during an interrogation, even if otherwise 
classified, may not be admitted into evidence in a military 
commission under this chapter unless the accused is 
present for the admission of the statement into evidence 
or the statement is otherwise provided to the accused. 
‘‘(2) A statement of an accused described in this 
paragraph is a statement communicated knowingly and di-
rectly by the accused in response to questioning by United 
States or foreign military, intelligence, or criminal inves-
tigative personnel. 
‘‘(3) This subsection shall not be construed to prevent 
the redaction of intelligence sources or methods, which do 
not constitute statements of the accused, from any docu-
ment provided to the accused or admitted into evidence. 
‘‘§ 949e. Continuances 
‘‘The military judge in a military commission under 
this chapter may, for reasonable cause, grant a continu-
ance to any party for such time, and as often, as may 
appear to be just. 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘§ 949f. Challenges 
‘‘(a) CHALLENGES
AUTHORIZED.—The military 
judge and members of a military commission under this 
chapter may be challenged by the accused or trial counsel 
for cause stated to the commission. The military judge 
shall determine the relevance and validity of challenges for 
cause. The military judge may not receive a challenge to 
more than one person at a time. Challenges by trial coun-
sel shall ordinarily be presented and decided before those 
by the accused are offered. 
‘‘(b) PEREMPTORY
CHALLENGES.—Each accused 
and the trial counsel are entitled to one peremptory chal-
lenge. The military judge may not be challenged except 
for cause. 
‘‘(c) CHALLENGES
AGAINST
ADDITIONAL
MEM-
BERS.—Whenever additional members are detailed to a 
military commission under this chapter, and after any 
challenges for cause against such additional members are 
presented and decided, each accused and the trial counsel 
are entitled to one peremptory challenge against members 
not previously subject to peremptory challenge. 
‘‘§ 949g. Oaths 
‘‘(a) IN GENERAL.—(1) Before performing their re-
spective duties in a military commission under this chap-
ter, military judges, members, trial counsel, defense coun-
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sel, reporters, and interpreters shall take an oath to per-
form their duties faithfully. 
‘‘(2) The form of the oath required by paragraph (1), 
the time and place of the taking thereof, the manner of 
recording the same, and whether the oath shall be taken 
for all cases in which duties are to be performed or for 
a particular case, shall be as prescribed in regulations of 
the Secretary of Defense. Those regulations may provide 
that— 
‘‘(A) an oath to perform faithfully duties as a 
military judge, trial counsel, or defense counsel may 
be taken at any time by any judge advocate or other 
person certified to be qualified or competent for the 
duty; and 
‘‘(B) if such an oath is taken, such oath need 
not again be taken at the time the judge advocate 
or other person is detailed to that duty. 
‘‘(b) WITNESSES.—Each witness before a military 
commission under this chapter shall be examined on oath. 
‘‘§ 949h. Former jeopardy 
‘‘(a) IN GENERAL.—No person may, without his con-
sent, be tried by a military commission under this chapter 
a second time for the same offense. 
‘‘(b) SCOPE OF TRIAL.—No proceeding in which the 
accused has been found guilty by military commission 
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