ADMINISTRATIVE MESSAGE
 
ROUTINE       
 
R 092145Z JAN 03 ZYB MIN PSN 215342J17
 
FM CNO WASHINGTON DC//DNS//
 
TO NAVADMIN
 
UNCLAS
NAVADMIN 006/03
 
MSGID/GENADMIN/CNO WASHINGTON DC/-/JAN//
 
SUBJ/PROCEDURES FOR NATIONAL SECURITY CASES//
 
REF/A/DOC/JAG/03OCT1990//
 
REF/B/DOC/MCM/01APR2002//
 
NARR/REF A IS JAGINST 5800.7C, JAGMAN/REF B IS MANUAL FOR
COURTS-MARTIAL (RULES FOR COURTS-MARTIAL 405, 506, AND 1004 PERTAIN)
//
 
RMKS/1.  THIS NAVADMIN HIGHLIGHTS MAJOR CHANGES IN SECTIONS 0131 AND
0143 OF REF A THAT CLARIFY PROCEDURES CONCERNING ASSIGNMENT OF
QUALIFIED COUNSEL AND CLOSURE OF ARTICLE 32 HEARINGS FOR
JAGMAN-DEFINED NATIONAL SECURITY CASES.  THE CHANGES HAVE BEEN
APPROVED BY SECNAV AND ARE EFFECTIVE IMMEDIATELY.  THE FULL TEXT OF
THESE CHANGES IS AVAILABLE AT WWW.JAG.NAVY.MIL UNDER "JAG TOOLS",
"JAG VIRTUAL LIBRARY", "INTERIM CHANGE TO JAGMAN 0131 AND 0143".
THESE CHANGES MUST BE READ IN THEIR ENTIRETY AND MUST BE PRINTED AND
INCORPORATED INTO REF A.  THEY WILL APPEAR IN THE NEXT PRINTED
CHANGES TO REF A.
 
2.  HIGHLIGHTS. THE CHANGES ACCOMPLISH THE FOLLOWING.
 
A.  ELIMINATE RESTRICTIONS ON ASSIGNMENT OF COUNSEL TO ALLOW
COMMANDING OFFICERS OF NAVAL LEGAL SERVICE OFFICES AND EQUIVALENT
MARINE COMMANDS MAXIMUM FLEXIBILITY IN ASSIGNING QUALIFIED COUNSEL
TO NATIONAL SECURITY CASES.  SPECIFICALLY, COUNSEL PERMANENTLY
ASSIGNED MORE THAN 100 MILES FROM THE SITE OF THE NATIONAL SECURITY
CASE PROCEEDING AND ATTORNEYS SERVING AS AN OFFICER IN CHARGE MAY BE
ASSIGNED AS COUNSEL FOR NATIONAL SECURITY CASES.
B.  CONSISTENT WITH REF B, THE CONVENING AUTHORITY OR INVESTIGATING
OFFICER MAY DIRECT THAT ALL OR PART OF AN ARTICLE 32, UCMJ,
INVESTIGATION BE HELD IN CLOSED SESSION.  THIS DECISION SHALL BE
BASED UPON THE NEED TO (1) PROTECT CLASSIFIED INFORMATION, (2)
PREVENT DISCLOSURE OF INADMISSIBLE EVIDENCE AT A SUBSEQUENT
COURT-MARTIAL, (3) ENSURE A FAIR TRIAL, OR (4) FOR A REASON DEEMED
APPROPRIATE BY THE COMMANDER ORDERING THE INVESTIGATION OR THE
INVESTIGATING OFFICER.  THE REASONS FOR CLOSING THE ARTICLE 32 SHALL
BE MEMORIALIZED AND ATTACHED TO THE REPORT OF INVESTIGATION.
 
3.  IMMEDIATELY FILE THIS NAVADMIN WITH REF A ALONG WITH THE FULL
TEXT OF THE CHANGES.
 
4.  RELEASED BY VADM P. A. TRACEY, DIRECTOR, NAVY STAFF (DNS).//
 
BT
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