Page 226 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9929

(d) National security matters. If a commander who is not a general court-martial convening
authority finds that the charges warrant trial by court-martial but believes that trial would
probably be detrimental to the prosecution of a >var or harmful to national security, the charges
shall be forwarded to the officer exercising general court-mat1ial convening authority.

Rule 402. Action by commander not authorized to convene courts-martial
When in receipt of charges, a commander authorized to administer nonjudicial punishment but
not authorized to convene courts-martial may:
(1) Dismiss any charges; or
(2) Forward them to a superior commander for disposition.

Rule 403. Action by commander exercising summary court-martial jurisdiction
(a) Recording receipt. Immediately upon receipt of sworn charges, an officer exercising
summary court-martial jurisdiction over the command shall cause the hour and date of receipt to
be entered on the charge sheet.
(b) Disposition. When in receipt of charges a commander exercising summary court-martial
jurisdiction may:
(1) Dismiss any charges;
(2) Forward charges (or, after dismissing charges, the matter) to a subordinate commander
for disposition;
(3) Forward any charges to a superior commander for disposition;
(4) Subject to R.C.M. 601(d) and 130l(c), refer charges to a summary court-martial for trial;
or
(5) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing
under R.C.M. 405, and, if appropriate, forward the report of preliminary hearing with the
charges to a superior commander for disposition.

Rule 404. Action by commander exercising special court-martial jurisdiction
When in receipt of charges, a commander exercising special court-martial jurisdiction may:
(1) Dismiss any charges;
(2) Forward charges (or, after dismissing charges, the matter) to a subordinate commander for
disposition;
(3) Forward any charges to a superior commander for disposition;
(4) Subject to R.C.M. 20l(f)(2)(D) and (E), 60l(d), and 130l(c), refer charges to a summary
court-martial or to a special court-martial for trial; or,
(5) Unless otherwise prescribed by the Secretary concerned, direct a preliminaty hearing under
R.C.M. 405, and, if appropriate, forvvard the report of preliminary hearing with the charges to a
superior commander for disposition.

Rule 404A. Initial disclosures
(a) Generally. Except as othe1wise provided in subsections (b)-( d), counsel for the Government
shall provide the following information, matters, and disclosures to the defense:
(1) After preferral r?.f charges. As soon as practicable after notification to the accused of
preferred charges under R.C.M. 308, counsel for the Government shall provide the defense with
copies of, or if impracticable, pennit the defense to inspect the charges and any matters that
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accompanied the charges when they were preferred.