[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR12.3]



[Page 43-44]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 12_RESPONSIBILITIES OF THE CHIEF PROSECUTOR, PROSECUTORS, AND 

ASSISTANT PROSECUTORS--Table of Contents

 

Sec.  12.3  Office of the Chief Prosecutor.



    (a) General. The Office of the Chief Prosecutor shall be a component 

of the Office of Military Commissions and shall be comprised of the 

Chief Prosecutor, Prosecutors, and other persons properly under the 

supervision of the Chief Prosecutor.

    (b) Chief Prosecutor. (1) The Chief Prosecutor shall be a judge 

advocate of any United States armed force and shall be designated by the 

General Counsel of the Department of Defense.

    (2) The Chief Prosecutor shall report directly to the Deputy General 

Counsel (Legal Counsel) of the Department of Defense.

    (3) The Chief Prosecutor shall have authority to subpoena any 

individual to appear as a witness, to testify, or to produce any 

evidence in a case referred to military commissions or in a criminal 

investigation associated with a case that may be referred to a military 

commission.

    (4) The Chief Prosecutor shall direct the overall prosecution effort 

pursuant



[[Page 44]]



to 32 CFR part 9, and Military Order of November 13, 2001, ``Detention, 

Treatment, and Trial of Certain Non-Citizens in the War Against 

Terrorism,'' ensuring proper supervision and management of all personnel 

and resources assigned to the Office of the Chief Prosecutor.

    (5) The Chief Prosecutor shall ensure that all personnel assigned to 

the Office of the Chief Prosecutor review, and attest that they 

understand and will comply with, 32 CFR part 9, and Military Order of 

November 13, 2001,'' Detention, Treatment, and Trial of Certain Non-

Citizens in the War Against Terrorism,'' and all Supplementary 

Regulations and Instructions issued in accordance therewith.

    (6) The Chief Prosecutor shall inform the Deputy General Counsel 

(Legal Counsel) of all requirements for personnel, office space, 

equipment, and supplies to ensure the successful functioning and mission 

accomplishment of the Office of the Chief Prosecutor.

    (7) The Chief Prosecutor shall supervise all Prosecutors and other 

personnel assigned to the Office of the Chief Prosecutor including any 

special trial counsel of the Department of Justice who may be made 

available by the Attorney General of the United States.

    (8) The Chief Prosecutor, or his designee, shall fulfill applicable 

performance evaluation requirements associated with Prosecutors and 

other personnel properly under the supervision of the Office of the 

Chief Prosecutor.

    (9) The Chief Prosecutor shall detail a Prosecutor and, as 

appropriate, one or more Assistant Prosecutors to perform the duties of 

the prosecution as set forth in 32 CFR 9.4(b)(2). The Chief Prosecutor 

may detail himself to perform such duties.

    (10) The Chief Prosecutor shall ensure that all Prosecutors and 

Assistant Prosecutors faithfully represent the United States in 

discharging their prosecutorial duties before military commissions 

conducted pursuant to 32 CFR part 9, and Military Order of November 13, 

2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the 

War Against Terrorism.''

    (11) The Chief Prosecutor shall ensure that all Prosecutors and 

Assistant Prosecutors have taken an oath to perform their duties 

faithfully.

    (12) The Chief Prosecutor shall ensure that all personnel properly 

under the supervision of the Office of the Chief Prosecutor possess the 

appropriate security clearances.

    (c) Prosecutors. (1) Prosecutors shall be detailed by the Chief 

Prosecutor and may be either judge advocates of any United States armed 

force or special trial counsel of the Department of Justice who may be 

made available by the Attorney General of the United States.

    (2) Prosecutors shall represent the United States as Prosecutors or 

Assistant Prosecutors as directed by the Chief Prosecutor and in 

accordance with 32 CFR part 9, and Military Order of November 13, 2001, 

``Detention, Treatment, and Trial of Certain Non-Citizens in the War 

Against Terrorism.''

    (3) Prosecutors shall fulfill all responsibilities detailed in 32 

CFR part 9, and Military Order of November 13, 2001, ``Detention, 

Treatment, and Trial of Certain Non-Citizens in the War Against 

Terrorism,'' those set forth in this part, and those assigned by the 

Chief Prosecutor.

    (4) Prosecutors shall ensure that all court reporters, security 

personnel, and interpreters who are to perform duties in relation to a 

military commission proceeding have taken an oath to perform their 

duties faithfully. As directed by the Presiding Officer, Prosecutors 

also shall administer appropriate oaths to witnesses during military 

commission proceedings.