Federal · Title 10 — Armed Forces

10 U.S.C. § 949b: Unlawfully influencing action of military commission and United States Court of Military Commission Review

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No authority convening a military commission under this chapter may censure, reprimand, or admonish the military commission, or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the military commission, or with respect to any other exercises of its or their functions in the conduct of the proceedings. the action of a military commission under this chapter, or any member thereof, in reaching the findings or sentence in any case; the action of any convening, approving, or reviewing authority with respect to their judicial acts; or the exercise of professional judgment by trial counsel or defense counsel. general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of military commissions; or statements and instructions given in open proceedings by a military judge or counsel. the action of a judge on the United States Court of Military Commissions Review in reaching a decision on the findings or sentence on appeal in any case; or the exercise of professional judgment by trial counsel or defense counsel appearing before the United States Court of Military Commission Review. No person may censure, reprimand, or admonish a judge on the United States Court of Military Commission Review, or counsel thereof, with respect to any exercise of their functions in the conduct of proceedings under this chapter. general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of military commissions; or statements and instructions given in open proceedings by a judge on the United States Court of Military Commission Review, or counsel. The appellate military judge voluntarily requests to be reassigned to other duties and the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, approves such reassignment. The appellate military judge retires or otherwise separates from the armed forces. The appellate military judge is reassigned to other duties by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, based on military necessity and such reassignment is consistent with service rotation regulations (to the extent such regulations are applicable). The appellate military judge is withdrawn by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, for good cause consistent with applicable procedures under chapter 47 of this title (the Uniform Code of Military Justice). consider or evaluate the performance of duty of any member of a military commission under this chapter; or give a less favorable rating or evaluation to any commissioned officer because of the zeal with which such officer, in acting as counsel, represented any accused before a military commission under this chapter.

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