Page 261 - Trump Executive Orders 2017-2021

9964 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

Government counsel, shall take all necessary steps to preserve records and other evidence in its
possession pending the issuance of an order or other process; and
(2) Shall retain such records and other evidence for a period of90 days, which shall be
extended for an additional 90-day period upon a renewed request by the governmental entity.
(g) Definition. As used in this mle, the term "federal law enforcement officer" includes an
employee of the Army Criminal Investigation Command, the Naval Criminal Investigative
Service, the Air Force Office of Special Investigations, or the Coast Guard Investigative
Service, who has authority to request a search warrant.

Rule 704. Immunity
(a) Types Qfimmunity. Two types of immunity may be granted under this mle.
(1) Transactional immunity. A person may be granted transactional immunity from trial by
court-martial for one or more offenses under the UCMJ.
(2) Testimonial immunity. A person may be granted immunity from the use of testimony,
statements, and any information directly or indirectly derived from such testimony or statements
by that person in a later court-martial.
(b) Scope. Nothing in this rule bars:
(1) A later court -martial for perjury, false swearing, making a false official statement, or
failure to comply with an order to testify; or
(2) Use in a court-martial under paragraph (b)(l) ofthis mle oftestimony or statements
derived from such testimony or statements.
(c)Authority to grant immunity. A general court-martial convening authority, or designee, may
grant immunity, and may do so only in accordance with this mle.
(1) Persons subject to the UCMJ A general court-martial convening authority, or designee,
may grant immunity to a person subject to the UCMJ. However, a general court-martial
convening authority, or designee, may grant immunity to a person subject to the UC:MJ
extending to a prosecution in a United States District Court only when specifically authorized to
do so by the Attorney General of the United States or other authority designated under chapter
601 oftitle 18 ofthe U.S. Code.
(2) Persons not subject to the UClvfJ A general court-martial convening authority, or
designee, may grant immunity to persons not subject to the UCMJ only when specifically
authorized to do so by the Attorney General of the United States or other authority designated
chapter 601 of title 18 of the U.S. Code.
(3) Other limitations. Subject to Service regulations, the authority to grant immunity under
this mle may be delegated in writing at the discretion of the general court-martial convening
authority to a subordinate special court-martial convening authority. Further delegation is not
permitted. The authority to grant or delegate the authority to grant immunity may be limited by
superior authority.
(d) Procedure. A grant of immunity shall be written and signed by the convening authority who
issues it. The grant shall include a statement of the authority under which it is made and shall
identify the matters to which it extends.
(e) Decision to grant immunity. Unless limited by superior competent authority, the decision to
grant immunity is a matter within the sole discretion of the general court-martial convening
authority or designee. However, if a defense request to immunize a witness has been denied, the
military judge may, upon motion by the defense, grant appropriate relief directing that either an
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appropriate convening authority grant testimonial immunity to a defense witness or, as to the