Title: Scheduling Order: 39a Session on Closure, 11 Dec 12

Release Date: 2014-03-20

Text: IN THE UNITED STATES ARMYFIRST JUDICIAL CIRCUITUNITED STATES SCHEDULING ORDER:v. 39A SESSION ON CLOSUREMANNING, Bradley E., PFC U.S. Army, Headquarters and Headquarters Company, U.S. Army Garrison, Joint Base Myer- DATED: ll December 2012Henderson Hall, Fort Myer, VA 22211 1. The current Court Calendar dated 2 December 2012 has alternate dates for two Article 39(a)session to determine whether and to what extent the accused?s trial should be closed to the publicfor the protection of classi?ed information. The actual dates for the hearing will be determinedbased upon whether the Defense ?les a Motion to Compel witnesses for the Motion to Dismissfor violation of Speedy Trial and if the Court grants such a motion in whole or in part. Thealternate dates are:Government Classi?ed lnforrnation:5-8 February 2013; or19-22 February 2013Defense Classi?ed Information:27 February 1 March 2013; or13-15 March 2013The 39(a) session for Government Classi?ed Information will also determine:a. Procedures for transition from open to closed sessions;b. Who will be present for closed sessions;c. Procedures for handling military judge or member questions that call for classi?edresponses; andd. Procedures for handling military judge or member notes regarding classi?edinformation.2. By 10 January 2012 the Government shall submit to the Court:a. a list of all classi?ed information for which the Government intends to request closedsession. For each item of information submitted, the Government will indicate whetherdeclassi?cation, redaction, substitutions, or other alternatives to closure will allow for thepresentation of that information in open court. If declassi?cation, redaction, substitution, orother alternatives are not possible, the Government shall indicate why the declassi?cation,substitution, or other alternative is not possible. For all classi?ed information where theAPPELLATE EXHIBIT PAGE PAGE OF at PAGE-.3Government seeks to close the Court, in addition to declassi?cation, redaction, and substitution,the following alternatives to closure at a minimum will be addressed: stipulations, use of Codewords or special names, use of screens, disguises, and code names for classi?ed witnesses,electronic imagery visible only to cleared trial participants and not the public, and the ?silentwitness? rule.b. a proposed procedure for transitioning from open sessions to closed session. At aminimum, the plan should address:(1) The means of securing the entrances/exits to the courtroom;(2) The signage that will be posted indicating that the court-martial is in closedsession;(3) The procedures for ensuring that electronic recording and broadcastingequipment that is present during open sessions is disabled during closed sessionsof the court-martial; and(4) The procedures for ensuring that classi?ed portions of trial are captured onseparate court-reporting equipment from non-classi?ed portions of trial.(5) Proposed procedures for handling military judge and/or member questions thatcall for classi?ed responses and for military judge or member notes.c. notice of whether the Government objects to the Defense?s proposed use of classi?edinformation as detailed in its ?ling dated 26 October 2012. If the Government does not object tothe relevance or necessity of the information, the Government shall indicate whetherdeclassi?cation, substitutions, or other alternatives to closure will allow for the presentation ofthat information in open court.d. notice of whether the Government will request that this Article 39(a) session be an incamera proceeding in whole or in part pursuant to MRE 505(1).3. By 24 January 2012 the Defense shall notify the Court:a. whether the Defense objects to any of the proposed closures in paragraph 2(a) of thisorder and the grounds for any such objections.b. whether the Defense objects to the procedures proposed by the Government inresponse to paragraph 2(b) of this order and any declassi?cation, substitution, or other alternativeto closure proposed by the Government in paragraph 2(c) of this order.So ORDERED: this 11?? day of December 2012.DENISE R. LINDCOL, JAChief Judge, 15? Judicial Circuit

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