“ When none of the charges preferred against the accused are capital, to be represented before a military commission by civilian counsel if provided at no expense to the Government, and by either the defense counsel detailed or the military counsel of the accused's own selection, if reasonably available. ”

“ STANDARD FOR AUTHORIZATION OF DISCOVERY OR ACCESS.— Upon the submission of a declaration under paragraph (1) , the military judge may not authorize the discovery of or access to such classified information unless the military judge determines that such classified information would be noncumulative, relevant, and helpful to a legally cognizable defense, rebuttal of the prosecution's case, or to sentencing, in accordance with standards generally applicable to discovery of or access to classified information in Federal criminal cases. ”

“ The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon making a specific finding that such closure is necessary to— `` (A) protect information the disclosure of which could reasonably be expected to cause damage to the national security, including intelligence or law enforcement sources, methods, or activities; or `` (B) ensure the physical safety of individuals. `` (3) A finding under paragraph (2) may be based upon a presentation, including a presentation ex parte or in camera, by either trial counsel or defense counsel. ”

“ EX PARTE PRESENTATIONS.— The military judge shall permit the trial counsel to make a request for an authorization under paragraph (1) in the form of an ex parte presentation to the extent necessary to protect classified information, in accordance with the practice of the Federal courts under the Classified Information Procedures Act (18 U.S.C. App.) . ”

“ Appellate Review Under Detainee Treatment Act of 2005.— Section 1005 (e) of the Detainee Treatment Act of 2005 (title X of Public Law 109-359 [1] ; 10 U.S.C. 801 note) is amended by striking paragraph (3) . Sec. 1804. Proceedings under prior statute. (a) Prior Convictions.— The amendment made by section 1802 shall have no effect on the validity of any conviction pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act) . ”

“ Notice to Accused.— Upon the swearing of the charges and specifications in accordance with subsection (a) , the accused shall be informed of the charges and specifications against the accused as soon as practicable. ``Sec. 948r. Exclusion of statements obtained by torture or cruel, inhuman, or degrading treatment; prohibition of self-incrimination ”