The Department of Defense issued Military Commission Order No. 3, Special Administrative Measures for Certain Communications Subject to Monitoring, and an amended Annex B to Military Commission Instruction No. 5, Qualification of Civilian Defense Counsel. Additionally, DoD announced that it would waive administrative costs for processing top secret security clearances for civilian defense counsel who have been retained by an accused and whose representation in the case would require access to top secret material.
All of the newly issued rules clarify processes or make modifications that benefit an accused, as well as remove difficulties raised by some civilian defense counsel, said Air Force Brig. Gen. Thomas L. Hemingway, the Office of Military Commissions legal advisor to the appointing authority.
Comments we have received resulted in significant clarifications and modifications that greatly benefited the military commission process and are incorporated in the rules issued today, as well as the military commissions instruction on the review panel, said Hemingway. These suggestions were invaluable. We have in place a process that provides a full and fair trial while protecting national security information. What you see today is a tool of justice that is appropriate to try violations of the law of war.
The Department of Defense also issued Military Commission Order No.4, Designation of Deputy Appointing Authority, which designates Hemingway as the deputy appointing authority.
Hemingway will continue to serve as the legal advisor to the appointing authority, however when exercising authority as the deputy appointing authority, he will obtain legal advice from another attorney in the Office of the Legal Advisor to the Appointing Authority.
The new military commission orders and annex are available at http://www.dod.mil/news/commissions.html.