Page 258 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9961

believe that the witness or evidence custodian was duly served with a subpoena, that the
subpoena was issued in accordance with these rules, that a means of reimbursement offees and
mileage, if applicable, was provided to the witness or advanced to the witness in cases of
hardship, that the witness or evidence is matelial, that the witness or evidence custodian refused
or willfully neglected to appear or produce the subpoenaed evidence at the time and place
specified on the subpoena, and that no valid excuse is reasonably apparent for the witness'
failure to appear or produce the subpoenaed evidence.
(iii) Form. A warrant of attachment shall be wlitten. All documents in support of the
warrant of attachment shall be attached to the warrant, together with the charge sheet and
convening orders.
(iv) Execution. A warrant of attachment may be executed by a United States Marshal
or such other person who is not less than 18 years of age as the autholity issuing the warrant
may direct. Only such non-deadly force as may be necessary to bring the witness before the
court-martial or other proceeding or to compel production of the subpoenaed evidence may be
used to execute the warrant. A witness attached under this rule shall be brought before the
court-martial or proceeding without delay and shall testify or provide the subpoenaed
evidence as soon as practicable and be released.
(v) Definition. For purposes of clause (g)(3)(H)(i) "military judge" does not include
a summary court-martial.
(4) Preservation reque.<;ts. In the case of evidence under control of the Government as well
as evidence not under control of the Government, the person seeking production of the
evidence may include with any request for evidence or subpoena a request that the custodian of
the evidence take all necessary steps to preserve specifically desclibed records and other
evidence in its possession until such time as they may be produced or inspected by the parties.

Rule 703A. 'Varrant or order for wire or electronic communications
(a) in general. A military judge detailed in accordance with Article 26 or Article 30a may, upon
wlitten application by a federal law enforcement officer, tlial counsel, or other autholized
counsel for the Government in connection with an ongoing investigation of an otiense or
offenses under the UCMJ, issue one or more of the following:
(1) A warrant for the disclosure by a provider of electronic communication service of the
contents of any wire or electronic communication that is in electronic storage in an electronic
communications system for 180 days or less.
(2) A warrant or order for the disclosure by a provider of electronic communication service
ofthe contents of any wire or electronic communication that is in electronic storage in an
electronic communications system for more than 180 days.
(3) A warrant or order for the disclosure by a provider of remote computing service of the
contents of any wire or electronic communication that is held or maintained on that service-
(A) on behalf of, and received by means of electronic transmission from (or created by
means of computer processing of communications received by means of electronic transmission
from), a subscliber or customer of such remote computing service; and
(B) solely for the purpose of providing storage or computer processing services to such
subscriber or customer, if the provider is not autholized to access the contents of any such
communications for purposes of providing any services other than storage or computer
processmg.
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(4) A warrant or order for the disclosure by a provider of electronic communication service

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