Page 345 - Trump Executive Orders 2017-2021

10048 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(i) any matter ordered sealed by the military judge under R.C.M. 1113; and
(ii) any recording or transcript of a session that was ordered closed by the military
judge, to include closed sessions held pursuant to Mil. R. Evid. 412, 513, and 514.
(4) Portions c{the record protected by the Privacy Act. Any copy ofthe record of trial
provided to a victim under paragraph (1) shall not contain any portion ofthe record the release
of which would unlawfully violate the privacy interests of any person other than that victim, to
include those privacy interests recognized by 5 U.S. C. § 552a, the Privacy Act of 1974.
(5) Additional copies. The convening or higher authority may direct that additional copies of
the record of trial of any general or special court-martial be prepared.
(f) Attachnwnts for appellate review. In accordance ·with regulations prescribed by the
Secretary concerned, a court reporter shall attach the following matters to the record before the
certified record of trial is forwarded to the office of the Judge Advocate General for appellate
rev1ew:
(1) If not used as exhibits-
(A) The preliminary hearing report under Article 32, if any;
(B) The pretrial advice under Article 34, if any;
(C) If the trial was a rehearing or new or other trial of the case, the record of any former
hearings; and
(D) Written special findings, if any, by the military judge;
(2) Exhibits or, with the permission of the military judge, copies, photographs, or
descriptions of any exhibits which were marked for and referred to on the record but not
received in evidence;
(3) Any matter flied by the accused or victim under R.C.M. 1106 or 1106A, or any written
waiver of the right to submit such matters;
(4) Any deferment request and the action on it;
(5) Conditions of suspension, if any, and proof of service on probationer under RC.M.
1107;
(6) Any waiver or withdrawal of appellate review under R.C.M. 1115;
(7) Records of any proceedings in connection with a vacation of suspension of the sentence
under R.C.M. 1108;
(8) Any transcription of the court-martial proceedings created pursuant to R.C.M. 1114; and
(9) Any redacted materials.
(g) Security classification If the record of trial contains matters that must be classified under
applicable security regulations, trial counsel shall cause a proper security classification to be
assigned to the record oftrial and on each page thereof on which classified material appears.

Rule 1113. Sealed exhibits, proceedings, and other materials
(a) In general. If the report of preliminary hearing or record of trial contains exhibits,
proceedings, or other materials ordered sealed by the preliminary hearing officer or military
judge, counsel for the Government, the court reporter, or trial counsel shall cause such
materials to be sealed so as to prevent unauthorized examination or disclosure. Counsel for the
Government, the court reporter, or trial counsel shall ensure that such materials are properly
marked, including an annotation that the material was sealed by order of the preliminary
hearing officer or military judge, and inserted at the appropriate place in the record of trial.
Copies of the report of preliminary hearing or record of trial shall contain appropriate
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annotations that materials were sealed by order of the preliminary hearing officer or military

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