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9900 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

an authorization to search, seize, or apprehend or a search warrant or an arrest warrant; that the

evidence was obtained by officials in objectively reasonable reliance on a statute or on binding

precedent later held violative of the Fourth Amendment; or that the deterrence of future unlawful

searches or seizures is not appreciable or such deterrence does not outweigh the costs to the

justice system of excluding the evidence."

(c) Mil. R. Evid. 505(1) is amended to read as follows:

"(I) Record of Trial. If under this rule any information is reviewed in camera by the military

judge and withheld from the accused, the accused objects to such withholding, and the trial is

continued to an adjudication of guilt of the accused, the entire unaltered text of the relevant

documents as well as the prosecution's any motion2 and any materials submitted in support

thereof must be sealed in accordance with RC.M. 70l(g)(2) or 1103A and attached to the record

of trial as an appellate exhibit. Such material must be made available to reviewing and appellate

authorities in accordance with RC.M. 70l(g)(2) or RC.M. 1103A elosed proceedings for the

puffJose of reviewing the detefffiina:tion of the militaf)' judge. The record of trial with respect to

any classified matter will be prepared under RC.M. 1103(h) and 1104(b)(l)(D)."

(d) Mil. R. Evid. 506(b) is amended to read as follows:

"(b) Scope. "Government information" includes official communication and documents and

other information within the custody or control of the Federal Government. This rule does not

apply to classified informa:tion Q.iil. R. Ibtid. 505) or to the identity of an informant (Mil. R.

Evid. 507)."

(e) Mil. R. Evid. 506(m) is amended to read as follows:

"(m)Record of Trial. If under this rule any information is reviewed in camera by the military

judge and withheld from the accused, the accused objects to such withholding, and the trial is
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