10 USC 949d - Sessions

U.S Code last checked for updates: May 18, 2026

§ 949d.

Sessions

(a)

Sessions Without Presence of Members.—

(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 commission 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 determination 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

and which does not require the presence of the members.

(2)

Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record.

(b)

Deliberation or Vote of Members.—

When the members of a military commission under this chapter deliberate or vote, only the members may be present.

(c)

Closure of Proceedings.—