Page 235 - Trump Executive Orders 2017-2021

9938 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(F) A notation if counsel for the Government refused to issue a pre-referral investigative
subpoena that was directed by the preliminary hearing officer and the counsel's statement of
the reasons for such refusal;
(G) Recommendations for any necessary modifications to the form of the charges and
specifications;
(H) A statement of whether the preliminary hearing officer examined evidence or heard
witnesses relating to any uncharged offenses in accordance with paragraph ( e)(2), and, for each
such offense, the preliminary hearing officer's reasoning and conclusions as to whether there is
probable cause to believe that the accused committed the offense and whether the convening
authority would have court-martial jurisdiction over the offense if it were charged;
(I) A notation of any objections if required under paragraph G)(7);
(J) The recommendation of the preliminary hearing officer as to the disposition that
should be made of the charges and specifications in the interest of justice and discipline. Tn
making this disposition recommendation, the preliminary heating officer may consider any
evidence admitted during the preliminary hearing and matters submitted under subsection (k);
and
(K) The written summary and analysis required by subparagraph (k)(3)(A).
(3) Sealed exhibits and proceedings. Tf the preliminary hearing report contains exhibits,
proceedings, or other matters ordered sealed by the preliminary hearing officer in accordance
with R.C.M. 1113, counsel for the Government shall cause such materials to be sealed so as to
prevent unauthorized viewing or disclosure.
( 4) Distribution of preliminary hearing report. The preliminary hearing officer shall
promptly cause the preliminary hearing report to be delivered to the convening authority. That
convening authority shall promptly cause a copy of the report to be delivered to each accused
and, in accordance with R.C.M. 401 (b), shall promptly determine what disposition will be
made in the interest of justice and discipline. If applicable, the convening authority shall
promptly forward the report, together with the charges, to a superior commander for
disposition.
(5) Objections. Any objection to the preliminary hearing report shall be made to the
convening authority who directed the preliminary hearing, via the preliminary hearing oflicer.
Upon receipt of the report, the accused has 5 days to submit objections to the preliminary
hearing oflicer. The preliminary hearing otlicer will forward the objections to the convening
authority as soon as practicable. This paragraph does not prohibit a convening authority from
referring any charge or taking other action within the 5-day period.
(m) Waiver. The accused may waive a preliminary healing. However, the convening authority
authorized to direct the preliminary healing may direct that a preliminary hearing be conducted
notwithstanding the waiver. Failure to make a timely objection under this rule, including an
objection to the report, shall constitute forfeiture of the objection. Relief from the waiver or
forfeiture may be granted by the convening authority who directed the preliminary hearing, a
superior convening authority, or the military judge, as appropriate, for good cause shown.

Rule 406. Pretrial advice
(a) In general. Before any charge may be referred for trial by a general court-martial, it shall be
referred to the staff judge advocate of the convening authority for consideration and advice.
(b) Contents. The advice of the staff judge advocate shall include a written and signed
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statement which sets forth that person's: