---
kind: "section"
citation: "10 U.S.C. § 949d"
title: "10"
title_heading: "Armed Forces"
number: "949d"
heading: "Sessions"
release: "119-102"
url: "https://uscodex.org/usc/10/949d"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter IV — Trial Procedure"
---

# §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](/usc/10/801.md?p=10) may call the military commission into session without the presence of the [members](/usc/10/1408.md?p=a-5) 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](/usc/10/801.md?p=10) under this chapter, whether or not the matter is appropriate for later consideration or decision by the [members](/usc/10/1408.md?p=a-5);
    - (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](/usc/10/801.md?p=10) under this chapter or under rules prescribed pursuant to [section 949a of this title](/usc/10/949a.md) and which does not require the presence of the [members](/usc/10/1408.md?p=a-5).
  - (2) Except as provided in subsections [(b)](#b), [(c)](#c), and [(d)](#d), any proceedings under [paragraph (1)](#a-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](/usc/10/1408.md?p=a-5) of a military commission under this chapter deliberate or vote, only the [members](/usc/10/1408.md?p=a-5) may be present.
- (c) **Closure of Proceedings.—**
  - (1) The [military judge](/usc/10/801.md?p=10) may close to the public all or part of the proceedings of a military commission under this chapter.
  - (2) The [military judge](/usc/10/801.md?p=10) may close to the public all or a portion of the proceedings under [paragraph (1)](#c-1) only upon making a specific finding that such closure is necessary to—
    - (A) protect information the disclosure of which could reasonably be expected to cause damage to the [national security](/usc/10/948a.md?p=8), including intelligence or law enforcement sources, methods, or activities; or
    - (B) ensure the physical safety of individuals.
  - (3) A finding under [paragraph (2)](#c-2) may be based upon a presentation, including a presentation ex parte or in camera, by either trial counsel or defense counsel.
- (d) **Exclusion of Accused From Certain Proceedings.—** The [military judge](/usc/10/801.md?p=10) may exclude the accused from any portion of a proceeding upon a determination that, after being warned by the [military judge](/usc/10/801.md?p=10), the accused persists in conduct that justifies exclusion from the courtroom—
  - (1) to ensure the physical safety of individuals; or
  - (2) to prevent disruption of the proceedings by the accused.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2585.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 949d, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2611, related to sessions of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.