Page 189 - Trump Executive Orders 2017-2021

9892 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

ANNEX 1

Section!· Part II of the Manual for Courts-Martial, United States is amended as follows:

(a) RC.M. 104(b)(l)(B) is amended to read as follows:

"(B) Give a less favorable rating or evaluation of any defense counsel or special victims'

counsel because of the zeal with which such counsel represented any client. As used in this

rule, "special victims' counsel" are judge advocates and civilian counsel who, in accordance with

10 U.S.C. 1044e, are designated as Special Victims' Counsel."

(b) RC.M. 601(d)(2)(B) is amended to read as follows:

"The convening authority has received the advice of the staff judge advocate required under

R.C.M. 406. These requirements may be \vaived by the accused."

(c) RC.M. 701(g)(2) is amended to read as follows:

"(2) Protective and modifYing orders. Upon a sufficient showing, the military judge may at

any time order that the discovery or inspection be denied, restricted, or deferred, or make such

other order as is appropriate. Subject to limitations in Part III of this Manual, if any rule requires

or l:+ypon motion by a party, the military judge may review any materials in camera and permit

the party to make such showing, in whole or in part, in writing to be inspected only by the

military judge in camera. If the military judge reviews any materials in camera grants relief after

such an eJc parte showing the entire teJct of the party's statement, the entirety of any materials

examined by the military judge shall be sealed and attached to the record of trial as an appellate

exhibit. The military judge shall seal any materials examined in camera and not disclosed and

may seal other materials as appropriate. Such material may be examined by reviewing or

appellate authorities in accordance with R.C.M. 1103Aclosed proceedings for the purpose of

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revie".ving the determination of the military judge."