10 U.S.C. § 1029

REQUIREMENT FOR CONSULTATION REGARDING PROSECUTION OF TERRORISTS.

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“(a)In General.—Before seeking an indictment of, or otherwise charging, an individual described in subsection (b) in a Federal court, the Attorney General shall consult with the Director of National Intelligence and the Secretary of Defense about—“(1) whether the more appropriate forum for prosecution would be a Federal court or a military commission; and“(2) whether the individual should be held in civilian custody or military custody pending prosecution.“(b)Applicability.—The consultation requirement in subsection (a) applies to—“(1) a person who is subject to the requirements of section 1022, in accordance with a determination made pursuant to subsection (a)(2) of such section; and“(2) any other person who is held in military detention outside of the United States pursuant to the authority affirmed by section 1021.”

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: United States v. Ofori Awuah, 654 F. App'x 597 (4th Cir. 2016).

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United States v. Ofori Awuah, 654 F. App'x 597 (4th Cir. 2016). “§ 1029 (a); and one count of conspiracy to commit access device fraud, in violation of 10 U.S.C. § 1029 (b)(2). Awuah contends on appeal that the evidence was insufficient to support his convictions, and that the district court erred in admitting testimony concerning prior,…”

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