Page 330 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10033

that may reasonably tend to inform the convening authority's exercise of discretion under
R.C.M. 1109 or 1110. The convening authority is only required to consider written
submissions. Submissions are not subject to the Military Rules of Evidence.
(2) Submissions under this rule may not include matters that relate to the character of a
crime victim unless such matters were admitted as evidence at trial.
(c) Access to court-martial record Upon request by the defense, trial counsel shall provide the
accused or counsel for the accused a copy of the recording of all open sessions ofthe court-
martial, and copies of, or access to, the evidence admitted at the court-matiial, and the appellate
exhibits. Such access shall not include sealed or classified court-martial material or recordings
unless authorized by a military judge upon a showing of good cause. A military judge shall
issue appropriate protective orders when authorizing such access.
(d) Time periods.
(1) General and.~pecial courts-martial. After a trial by general or special court-martial, the
accused may submit matters to the convening authority under this rule within ten days after the
sentence is announced.
(2) Summary courts-martial. After a trial by summary court-martial, the accused may submit
matters under this rule within seven days after the sentence is announced.
(3) Rebuttal. In a case where a crime victim has submitted matters under R. C.M. 11 06A, the
accused shall have five days from receipt of those matters to submit any matters in rebuttal. Such
a response shall be limited to addressing matters raised in the crime victim's submissions.
( 4) Extension of time.
(A) If, within the period described in paragraph (1) or (2), the accused shows that
additional time is required for the accused to submit matters, the convening authority may, for
good cause, extend the period for not more than 20 days.
(B) For purposes of this rule, good cause for an extension ordinarily does not include the
need to obtain matters that reasonably could have been presented at the court-martial.
(e) Waiver.
(1) Failure to submit matters. Failure to submit matters within the time prescribed by this rule
waives the right to submit such matters.
(2) Submission of matters. Submission of any matters under this mle shall be deemed a
waiver of the right to submit additional matters unless the right to submit additional matters
within the prescribed time limits is expressly reserved in writing.
(3) Written waiver. The accused may expressly waive, in writing, the light to submit matters
under this rule. Once submitted, such a waiver may not be revoked.
( 4) Absence of accused. If the accused does not submit matters under this rule as a result of an
unauthorized absence, the accused shall be deemed to have waived the right to submit matters
under this mle.

Rule 1106A. Matters submitted by crime victim
(a) In general. In a case with a crime victim, after a sentence is announced in a court-martial
any crime victim of an offense may submit matters to the convening authority for consideration
in the exercise of the convening authority's powers under R.C.M. 1109 or 1110.
(b) Notice to a crime victim.
(1) In general. Subject to such regulations as the Secretary concerned may presclibe, trial
counsel, or in the case of a summary court-martial, the summary court-martial officer, shall
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make reasonable efforts to inform clime victims, through counsel, if applicable, of their lights

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