--- kind: "section" citation: "10 U.S.C. § 949b" title: "10" title_heading: "Armed Forces" number: "949b" heading: "Unlawfully influencing action of military commission and United States Court of Military Commission Review" release: "119-102" url: "https://uscodex.org/usc/10/949b" units: - "Subtitle A — General Military Law" - "Part II — Personnel" - "Chapter 47A — Military Commissions" - "Subchapter IV — Trial Procedure" --- # §949b. Unlawfully influencing action of military commission and United States Court of Military Commission Review - (a) **Military Commissions.—** - (1) No authority convening a military commission under this chapter may censure, reprimand, or admonish the military commission, or any [member](/usc/10/1408.md?p=a-5), [military judge](/usc/10/801.md?p=10), 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. - (2) No person may attempt to coerce or, by any unauthorized means, influence— - (A) the action of a military commission under this chapter, or any [member](/usc/10/1408.md?p=a-5) thereof, in reaching the findings or sentence in any case; - (B) the action of any convening, approving, or reviewing authority with respect to their judicial acts; or - (C) the exercise of professional judgment by trial counsel or defense counsel. - (3) The provisions of this subsection shall not apply with respect to— - (A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing [members](/usc/10/1408.md?p=a-5) of a command in the substantive and procedural aspects of military commissions; or - (B) statements and instructions given in open proceedings by a [military judge](/usc/10/801.md?p=10) or counsel. - (b) **United States Court of Military Commission Review.—** - (1) No person may attempt to coerce or, by any unauthorized means, influence— - (A) the action of a judge on the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commissions Review in reaching a decision on the findings or sentence on appeal in any case; or - (B) the exercise of professional judgment by trial counsel or defense counsel appearing before the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commission Review. - (2) No person may censure, reprimand, or admonish a judge on the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commission Review, or counsel thereof, with respect to any exercise of their functions in the conduct of proceedings under this chapter. - (3) The provisions of this subsection shall not apply with respect to— - (A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing [members](/usc/10/1408.md?p=a-5) of a command in the substantive and procedural aspects of military commissions; or - (B) statements and instructions given in open proceedings by a judge on the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commission Review, or counsel. - (4) No appellate [military judge](/usc/10/801.md?p=10) on the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commission Review may be reassigned to other duties, except under circumstances as follows: - (A) The appellate [military judge](/usc/10/801.md?p=10) 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](/usc/10/801.md?p=10) is a [member](/usc/10/1408.md?p=a-5), approves such reassignment. - (B) The appellate [military judge](/usc/10/801.md?p=10) retires or otherwise separates from the [armed forces](/usc/10/101.md?p=a-4). - (C) The appellate [military judge](/usc/10/801.md?p=10) 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](/usc/10/801.md?p=10) is a [member](/usc/10/1408.md?p=a-5), based on military necessity and such reassignment is consistent with service rotation regulations (to the extent such regulations are applicable). - (D) The appellate [military judge](/usc/10/801.md?p=10) 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](/usc/10/801.md?p=10) is a [member](/usc/10/1408.md?p=a-5), for good cause consistent with applicable procedures under [chapter 47](/usc/10/chstA-ptII-ch47.md) of this title (the Uniform Code of Military Justice). - (c) **Prohibition on Consideration of Actions on Commission in Evaluation of Fitness.—** In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a [commissioned officer](/usc/10/101.md?p=b-2) of the [armed forces](/usc/10/101.md?p=a-4) is qualified to be advanced in [grade](/usc/10/101.md?p=b-7), or in determining the assignment or transfer of any such [officer](/usc/10/101.md?p=b-1) or whether any such [officer](/usc/10/101.md?p=b-1) should be retained on [active duty](/usc/10/101.md?p=d-1), no person may— - (1) consider or evaluate the performance of duty of any [member](/usc/10/1408.md?p=a-5) of a military commission under this chapter; or - (2) give a less favorable [rating](/usc/10/101.md?p=b-9) or evaluation to any [commissioned officer](/usc/10/101.md?p=b-2) because of the zeal with which such [officer](/usc/10/101.md?p=b-1), in acting as counsel, represented any accused before a military commission under this chapter. ## Source credit (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2583; amended Pub. L. 112–81, div. A, title X, § 1034(b), Dec. 31, 2011, 125 Stat. 1573.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 949b, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2609, related to unlawfully influencing action of military commission, prior to the general amendment of this chapter by Pub. L. 111–84. ### Amendments 2011—Subsec. (b)(1)(A). Pub. L. 112–81, § 1034(b)(1), substituted “a judge on” for “a military appellate judge or other duly appointed judge under this chapter on”. Subsec. (b)(2). Pub. L. 112–81, § 1034(b)(2), substituted “a judge on” for “a military appellate judge on”. Subsec. (b)(3)(B). Pub. L. 112–81, § 1034(b)(3), substituted “a judge on” for “an appellate military judge or a duly appointed appellate judge on”.