§ 1029. REQUIREMENT FOR CONSULTATION REGARDING PROSECUTION OF TERRORISTS.
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/usc/title-10/section-1029A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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— whether the more appropriate forum for prosecution would be a Federal court or a military commission; and whether the individual should be held in civilian custody or military custody pending prosecution. Applicability .— The consultation requirement in subsection
(a)applies to— 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 any other person who is held in military detention outside of the United States pursuant to the authority affirmed by section 1021.”