(b) The Judge Advocate General shall refer to a Court of Criminal Appeals the record in each case of trial by court-martial—

• (1) in which the sentence, as approved, extends to death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable or bad-conduct discharge, or confinement for one year or more; and
• (2) except in the case of a sentence extending to death, the right to appellate review has not been waived or an appeal has not been withdrawn under section 861 of this title.

(a)(1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal (other than an order or ruling that is, or amounts to, a finding of not guilty with respect to the charge or specification):

• (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge of specification.
• (B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
• (C) An order or ruling which directs the disclosure of classified information.
• (D) An order or ruling which imposes sanctions for nondisclosure of classified information.
• (E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.
• (F) A refusal by the military judge to enforce an order described under subparagraph (E) that has previously been issued by appropriate authority.

....

(b) An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Criminal Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Criminal Appeals may act only with respect to matters of law, notwithstanding section 866(c) of this title (article 66(c)).

(d) A Court of Criminal Appeals may review, under section 866 of this article (article 66)—

• (1) any court-martial case which (A) is subject to action by the Judge Advocate General under this section, and (B) is sent to the Court of Criminal Appeals by order of the Judge Advocate General; and
• (2) any action taken by the Judge Advocate General under this section in such case.

(e) Notwithstanding section 866 of this article (article 66), in any case, reviewed by a Court of Criminal Appeals under this section, the Court may take action only with respect to matters of law.

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

(e) Enforcement by Court of Criminal Appeals.

• (1) If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32) or a court-martial ruling violates the rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule.
• (2) If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order.
• (3) A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, and, to the extent practicable, shall have priority over all proceedings before the court.
• (4) Paragraph (1) applies with respect to the protections afforded by the following:
  • (A) This section (article).
  • (B) Section 832 (article 32) of this title.
  • (C) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.
  • (D) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
  • (E) Military Rule of Evidence 514, relating to the victim advocate-victim privilege.
  • (F) Military Rule of Evidence 615, relating to the exclusion of witnesses.

(b) Review.

• (1) Appeals by the accused. A Court of Criminal Appeals shall have jurisdiction over a timely appeal from the judgment of a court-martial, entered into the record under section 860c of this title (article 60c), as follows:
  • (A) On appeal by the accused in a case in which the sentence extends to confinement for more than six months and the case is not subject to automatic review under paragraph (3).
  • (B) On appeal by the accused in a case in which the Government previously filed an appeal under section 862 of this title (article 62).
  • (C) On appeal by the accused in a case that the Judge Advocate General has sent to the Court of Criminal Appeals for review of the sentence under section 856(d) of this title (article 56(d)).
  • (D) In a case in which the accused filed an application for review with the Court under section 869(d)(1)(B) of this title (article 69(d)(1)(B)) and the application has been granted by the Court.
• (2) Review of certain sentences. A Court of Criminal Appeals shall have jurisdiction over all cases that the Judge Advocate General orders sent to the Court for review under section 856(d) of this title (article 56(d)).
• (3) Automatic review. A Court of Criminal Appeals shall have jurisdiction over a court-martial in which the judgment entered into the record under section 860c of this title (article 60c) includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more.

....

(d) Duties.

• (1) Cases appealed by the accused. In any case before the Court of Criminal Appeals under subsection (b), the Court may act only with respect to the findings and sentence as entered into the record under section 860c of this title (article 60c). The Court may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the Court may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.
• (2) Error or excessive delay. In any case before the Court of Criminal Appeals under subsection (b), the Court may provide appropriate relief if the accused demonstrates error or excessive delay in the processing of the court-martial after the judgment was entered into the record under section 860c of this title (article 60c).

(e) Consideration of appeal of sentence by the United States.

• (1) In general. In considering a sentence on appeal or review as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider
  • (A) whether the sentence violates the law; and
  • (B) whether the sentence is plainly unreasonable.
  • (2) Record on appeal or review. In an appeal or review under this subsection or section 856(d) of this title (article 56(d)), the record on appeal or review shall consist of
    • (A) any portion of the record in the case that is designated as pertinent by either of the parties;
    • (B) the information submitted during the sentencing proceeding; and
    • (C) any information required by regulation prescribed by the President or by rule or order of the Court of Criminal Appeals.
    • (1) Set aside of findings.
      • (A) In general. If the Court of Criminal Appeals sets aside the findings, the Court
        • (i) may affirm any lesser included offense; and
        • (ii) may, except when prohibited by section 844 of this title (article 44), order a rehearing.
      • (B) Dismissal when no rehearing ordered. If the Court of Criminal Appeals sets aside the findings and does not order a rehearing, the Court shall order that the charges be dismissed.
      • (C) Dismissal when rehearing impracticable. If the Court of Criminal Appeals orders a rehearing on a charge and the convening authority finds a rehearing impracticable, the convening authority may dismiss the charge.
    • (2) Set aside of sentence. If the Court of Criminal Appeals sets aside the sentence, the Court may
      • (A) modify the sentence to a lesser sentence; or
      • (B) order a rehearing.

(a)(1) In a trial by general or special court-martial, or in a pretrial proceeding under section 830a of this title (article 30a), the United States may appeal the following:

• (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
• (B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
• (C) An order or ruling which directs the disclosure of classified information.
• (D) An order or ruling which imposes sanctions for nondisclosure of classified information.
• (E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information.
• (F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.
• (G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.

....

(b) An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court of Criminal Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Criminal Appeals may act only with respect to matters of law.

(d) Appeal of sentence by the United States.

• (1) With the approval of the Judge Advocate General concerned, and consistent with standards and procedures set forth in regulations prescribed by the President, the Government may appeal a sentence to the Court of Criminal Appeals, on the grounds that
  • (A) the sentence violates the law; or
  • (B) the sentence is plainly unreasonable, as determined in accordance with standards and procedures prescribed by the President.

(d) Court of Criminal Appeals.

• (1) A Court of Criminal Appeals may review the action taken by the Judge Advocate General under subsection (c)
  • (A) in a case sent to the Court of Criminal Appeals by order of the Judge Advocate General; or
  • (B) in a case submitted to the Court of Criminal Appeals by the accused in an application for review.
• (2) The Court of Criminal Appeals may grant an application under paragraph (1)(B) only if
  • (A) the application demonstrates a substantial basis for concluding that the action on review under subsection (c) constituted prejudicial error; and
  • (B) the application is filed not later than the earlier of
    • (i) 60 days after the date on which the accused is notified of the decision of the Judge Advocate General; or
    • (ii) 60 days after the date on which a copy of the decision of the Judge Advocate General is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record.
• (3) The submission of an application for review under this subsection does not constitute a proceeding before the Court of Criminal Appeals for purposes of section 870(c)(1) of this title (article 70(c)(1)).

At any time within three years after the date of the entry of judgment under section 860c of this title (article 60c), the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused’s case is pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition.

(e) Enforcement by Court of Criminal Appeals.

• (1) If the victim of an offense under this chapter believes that a preliminary hearing ruling under section 832 of this title (article 32) or a court-martial ruling violates the rights of the victim afforded by a section (article) or rule specified in paragraph (4), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the preliminary hearing officer or the court-martial to comply with the section (article) or rule.
• (2) If the victim of an offense under this chapter is subject to an order to submit to a deposition, notwithstanding the availability of the victim to testify at the court-martial trying the accused for the offense, the victim may petition the Court of Criminal Appeals for a writ of mandamus to quash such order.
• (3)
  • (A) A petition for a writ of mandamus described in this subsection shall be forwarded directly to the Court of Criminal Appeals, by such means as may be prescribed by the President, subject to section 830a of this title (article 30a).
  • (B) To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all proceedings before the Court of Criminal Appeals.
  • (C) Review of any decision of the Court of Criminal Appeals on a petition for writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.
• (4) Paragraph (1) applies with respect to the protections afforded by the following
  • (A) This section (article).
  • (B) Section 832 (article 32) of this title.
  • (C) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.
  • (D) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
  • (E) Military Rule of Evidence 514, relating to the victim advocate-victim privilege.
  • (F) Military Rule of Evidence 615, relating to the exclusion of witnesses.

(a) The Supreme Court and all courts established by act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.