---
kind: "section"
citation: "10 U.S.C. § 949b"
title: "10"
title_heading: "Armed Forces"
number: "949b"
heading: "Unlawfully influencing action of military commission and United States Court of Military Commission Review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/949b"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter IV — Trial Procedure"
---

# §949b. Unlawfully influencing action of military commission and United States Court of Military Commission Review

- (a) **Military Commissions.—**
  - (1) No authority convening a [military](/usc/10/801.md?p=8) commission under this chapter may censure, reprimand, or admonish the [military](/usc/10/801.md?p=8) commission, or any member, [military judge](/usc/10/801.md?p=10), or counsel thereof, with respect to the findings or sentence adjudged by the [military](/usc/10/801.md?p=8) commission, or with respect to any other exercises of its or their [functions](/usc/10/467.md?p=1) in the conduct of the proceedings.
  - (2) No [person](/usc/10/2700.md?p=2) may attempt to coerce or, by any unauthorized means, influence—
    - (A) the action of a [military](/usc/10/801.md?p=8) commission under this chapter, or any member thereof, in reaching the findings or sentence in any case;
    - (B) the action of any convening, approving, or reviewing authority with respect to their judicial acts; or
    - (C) the exercise of professional judgment by trial counsel or defense counsel.
  - (3) The provisions of this subsection shall not apply with respect to—
    - (A) general instructional or informational courses in [military](/usc/10/801.md?p=8) justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of [military](/usc/10/801.md?p=8) commissions; or
    - (B) statements and instructions given in open proceedings by a [military judge](/usc/10/801.md?p=10) or counsel.
- (b) **United States Court of Military Commission Review.—**
  - (1) No [person](/usc/10/2700.md?p=2) may attempt to coerce or, by any unauthorized means, influence—
    - (A) the action of a judge on the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commissions Review in reaching a decision on the findings or sentence on appeal in any case; or
    - (B) the exercise of professional judgment by trial counsel or defense counsel appearing before the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review.
  - (2) No [person](/usc/10/2700.md?p=2) may censure, reprimand, or admonish a judge on the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review, or counsel thereof, with respect to any exercise of their [functions](/usc/10/467.md?p=1) in the conduct of proceedings under this chapter.
  - (3) The provisions of this subsection shall not apply with respect to—
    - (A) general instructional or informational courses in [military](/usc/10/801.md?p=8) justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of [military](/usc/10/801.md?p=8) commissions; or
    - (B) statements and instructions given in open proceedings by a judge on the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review, or counsel.
  - (4) No appellate [military judge](/usc/10/801.md?p=10) on the [United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review may be reassigned to other duties, except under circumstances as follows:
    - (A) The appellate [military judge](/usc/10/801.md?p=10) voluntarily requests to be reassigned to other duties and the [Secretary](/usc/10/4951.md?p=3) of Defense, or the designee of the [Secretary](/usc/10/4951.md?p=3), in consultation with the [Judge Advocate General](/usc/10/801.md?p=1) of the armed force of which the appellate [military judge](/usc/10/801.md?p=10) is a member, approves such reassignment.
    - (B) The appellate [military judge](/usc/10/801.md?p=10) retires or otherwise separates from the [armed forces](/usc/10/101.md?p=a-4).
    - (C) The appellate [military judge](/usc/10/801.md?p=10) is reassigned to other duties by the [Secretary](/usc/10/4951.md?p=3) of Defense, or the designee of the [Secretary](/usc/10/4951.md?p=3), in consultation with the [Judge Advocate General](/usc/10/801.md?p=1) of the armed force of which the appellate [military judge](/usc/10/801.md?p=10) is a member, based on [military](/usc/10/801.md?p=8) necessity and such reassignment is consistent with service rotation regulations (to the extent such regulations are applicable).
    - (D) The appellate [military judge](/usc/10/801.md?p=10) is withdrawn by the [Secretary](/usc/10/4951.md?p=3) of Defense, or the designee of the [Secretary](/usc/10/4951.md?p=3), in consultation with the [Judge Advocate General](/usc/10/801.md?p=1) of the armed force of which the appellate [military judge](/usc/10/801.md?p=10) is a member, for good cause consistent with applicable procedures under [chapter 47](/usc/10/chstA/ptII/ch47.md) of this title (the Uniform Code of [Military](/usc/10/801.md?p=8) Justice).
- (c) **Prohibition on Consideration of Actions on Commission in Evaluation of Fitness.—** In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a [commissioned officer](/usc/10/101.md?p=b-2) of the [armed forces](/usc/10/101.md?p=a-4) is qualified to be advanced in [grade](/usc/10/101.md?p=b-7), or in determining the assignment or transfer of any such [officer](/usc/10/101.md?p=b-1) or whether any such [officer](/usc/10/101.md?p=b-1) should be retained on [active duty](/usc/10/101.md?p=d-1), no [person](/usc/10/2700.md?p=2) may—
  - (1) consider or evaluate the performance of duty of any member of a [military](/usc/10/801.md?p=8) commission under this chapter; or
  - (2) give a less favorable [rating](/usc/10/101.md?p=b-9) or evaluation to any [commissioned officer](/usc/10/101.md?p=b-2) because of the zeal with which such [officer](/usc/10/101.md?p=b-1), in acting as counsel, represented any accused before a [military](/usc/10/801.md?p=8) commission under this chapter.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2583; amended Pub. L. 112–81, div. A, title X, § 1034(b), Dec. 31, 2011, 125 Stat. 1573.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 949b, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2609, related to unlawfully influencing action of military commission, prior to the general amendment of this chapter by Pub. L. 111–84.

### Amendments

2011—Subsec. (b)(1)(A). Pub. L. 112–81, § 1034(b)(1), substituted “a judge on” for “a military appellate judge or other duly appointed judge under this chapter on”.

Subsec. (b)(2). Pub. L. 112–81, § 1034(b)(2), substituted “a judge on” for “a military appellate judge on”.

Subsec. (b)(3)(B). Pub. L. 112–81, § 1034(b)(3), substituted “a judge on” for “an appellate military judge or a duly appointed appellate judge on”.