Reply #88: It says what it says [View All]

[sandnsea]

"Rule 1103A. Sealed exhibits and proceedings

If the record of trial contains exhibits, proceedings, or other matter ordered sealed by the military judge, the trial counsel shall cause such materials to be sealed so as to prevent indiscriminate viewing or disclosure…implemented in a manner consistent with Executive Order 12958, as amended, concerning classified national security information.

Examination of sealed exhibits and proceedings. Except as provided in the following subsections to this rule, sealed exhibits may not be examined.

(4) Reviewing and appellate authorities.

(A) Reviewing and appellate authorities may examine sealed matters when those authorities determine that such action is reasonably necessary to a proper fulfillment of their responsibilities under the Uniform Code of Military Justice, the Manual for Courts-Martial, governing directives, instructions, regulations, applicable rules for practice and procedure, or rules of professional responsibility.

(E) For purposes of this rule, reviewing and appellate authorities are limited to:
(i) Judge advocates reviewing records pursuant to Rule for Courts-Martial 1112;
(ii) Officers and attorneys in the office of the Judge Advocate General reviewing records pursuant to Rule for Courts-Martial 1201(b);
(iii) Appellate government counsel;
(iv) Appellate defense counsel;
(v) Appellate judges of the Courts of Criminal Appeals and their professional staffs;
(vi) The judges of the United States Court of Appeals for the Armed Forces and their professional staffs;
(vii) The Justices of the United States Supreme Court and their professional staffs; and
(viii) Any other court of competent jurisdiction."