Page 224 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9927

charges against one person.
(5)Multiple offenders. A specification may name more than one person as an accused if each
person so named is believed by the accuser to be a principal in the offense which is the subject of
the specification.
(d) Harmless error in citation. Error in or omission of the designation of the article of the UCMJ
or other statute, law of war, or regulation violated shall not be ground for dismissal of a charge or
reversal of a conviction if the error or omission did not prejudicially mislead the accused.

Rule 308. Notification to accused of charges
(a) Immediate commander. The immediate commander of the accused shall cause the accused to
be informed of the charges preferred against the accused, and the name ofthe person who
preferred the charges and of any person who ordered the charges to be preferred, if known, as
soon as practicable.
(b) Commanders at higher echelons. When the accused has not been informed of the charges,
commanders at higher echelons to whom the preferred charges are forwarded shall cause the
accused to be informed of the matters required under subsection (a) of this rule as soon as
practicable.
(c) Remedy. The sole remedy for violation of this rule is a continuance or recess of sufficient
length to permit the accused to adequately prepare a defense, and no relief shall be granted upon
a failure to comply with this rule unless the accused demonstrates that the accused has been
hindered in the preparation of a defense.

Rule 309. Pre-referral judicial proceedings
(a) In general.
(1) A military judge detailed under regulations of the Secretary concerned may conduct
proceedings under Article 30a before referral of charges and specifications to court-martial for
trial, and may issue such mlings and orders as necessary to fmther the purpose of the
proceedings.
(2) The matters that may be considered and mled upon by a military judge in proceeding
under this mle are limited to those matters specified in subsection (b).
(3) If any matter in a proceeding under this mle becomes a subject at issue with respect to
charges that have been referred to a general or special court-martial, the matter, to include any
motions, related papers, and the record of the hearing, if any, shall be provided to the military
judge detailed to the court-martial.
(b) Pre-referral matters.
(1) Pre-referral investigative subpoenas. A military judge may, upon application by the
Government, consider whether to issue a pre-referral investigative subpoena under R.C.M.
703(g)(3)(C). The proceeding may be conducted ex parte and may be conducted in camera.
(2) Pre-re.ferral·warrants or orders for wire or electronic communications. A military judge
may, upon written application by a federal law enforcement officer or authorized counsel for
the Government in connection with an ongoing investigation of an offense or offenses under the
UCMJ, consider whether to issue a warrant or order for wire or electronic communications and
related information as provided under R.C.M. 703A. The proceeding may be conducted ex
parte and may be conducted in camera.
(3) Requestsfor relieffrom :o.·uhpoena or other process. A person in receipt of a pre-referral
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investigative subpoena under RC.M. 703(g)(3)(C) or a service provider in receipt of an order
to disclose information about wire or electronic communications under RC.M. 703A may