Page 344 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10047

(C) reducing the sentence of the accused; or
(D) if the error was raised by motion or on appeal by the defense, declaring a mistrial as
to the affected specifications.
(e) Copies of the record qf' trial.
(I) Accused and victim. Any victim entitled to a copy of the ce1tified record of trial shall be
notified of the opportunity to receive a copy of the certified record of trial. Following
certification of the record of trial under subsection (c), in every general and special comt-
martial, subject to paragraphs (3) and (4), a court reporter shall, in accordance with regulations
issued by the Secretary concerned, provide a copy of the certified record of ttial free of charge
to-
( A) The accused;
(B) The victim of an offense of which the accused was charged if the victim testified
during the proceedings; and
(C) Any victim named in a specification of which the accused was charged, upon request,
without regard to the findings of the comt-martial.
(2) Providing copy impracticable. If it is impracticable to provide the record oftrial to an
individual entitled to receive a copy under paragraph (1) because of the unauthorized absence
of the individual, or military exigency, or if the individual so requests on the record at the
court-martial or in writing, the individual's copy of the record shall be forwarded to the
individual's counsel, if any.
(3) Sealed exhibits; classified information; closed sessions. Any copy of the record of trial
provided to an individual under paragraph (1) shall not contain classified information,
information under seal, or recordings of closed sessions of the court-martial, and shall be
handled as follows:
(A) Classified information.
(i) Forwarding to convening authority. If the copy of the record of trial prepared tbr
an individual under this rule contains classified information, trial counsel, unless directed
otherwise by the convening authority, shall forward the individual's copy to the convening
authority, before it is provided to the individual.
(ii) Responsibility of the convening authority. The convening authority shall:
(I) cause any classified information to be deleted or withdrawn from the
individual's copy ofthe record oftrial;
(II) cause a certificate indicating that classified information has been deleted or
withdrawn to be attached to the record of trial; and
(III) cause the expurgated copy of the record of trial and the attached certificate
regarding classified information to be provided to the individual as provided in subparagraphs
(l)(A), (B), and (C).
(iii) Contents of certificate. The certificate regarding deleted or withdrawn classified
information shall indicate:
(I) that the original record of trial may be inspected in the Office of the Judge
Advocate General under such regulations as the Secretary concerned may prescribe;
(II) the locations in the record of trial from which matter has been deleted;
(III) the locations in the record of trial which have been entirely deleted; and
(IV) the exhibits which have been withdrawn.
(B) Sealed exhibits and closed sessions. The court reporter shall delete or withdraw from
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an individual's copy ofthe record of trial-

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