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Litigating National Security Cases under The United States Uniform Code of Military Justice

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This paper will discuss classified litigation procedures in United States Military Courts-Martial, governed by Military Rule of Evidence 505 and the Uniform Code of Military Justice. The differences between United States Federal Court procedures and United States Military Commissions, governed by the Classified Information Privilege Act(CIPA) and Military Commissions Rule of Evidence 505, are also discussed. Finally, best practices and selected military cases regarding espionage are presented.

Affiliations: 1: National Security Litigation Division (Code 30), Office of the Judge Advocate General, Department of the Navy, Washington dc, ; 2: Assistant Judge Advocate General (Military Justice), Office of the Judge Advocate General Department of the Navy, Washington DC,


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