10 U.S. Code § 949c - Duties of trial counsel and defense counsel
Duties of trial counsel and defense counsel
The trial counsel of a military commission under this chapter shall prosecute in the name of the United States.
The accused shall be represented in the accused’s defense before a military commission under this chapter as provided in this subsection.
The accused may be represented by military counsel detailed under section 948k of this title or by military counsel of the accused’s own selection, if reasonably available.
(3) The accused may be represented by civilian counsel if retained by the accused, provided that such civilian counsel—
is a United States citizen;
has not been the subject of any sanction of disciplinary action by any court, bar, or other competent governmental authority for relevant misconduct;
has been determined to be eligible for access to information classified at the level Secret or higher; and
If the accused is represented by civilian counsel, military counsel shall act as associate counsel.
The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 948k of this title to detail counsel, in such person’s sole discretion, may detail additional military counsel to represent the accused.
Defense counsel may cross-examine each witness for the prosecution who testifies before a military commission under this chapter.
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