(a) Interlocutory Appeal.—
(1) Except as provided in paragraph (2), in a trial by military commission under this chapter, the United States may take an interlocutory appeal to the Court of Military Commission Review of any order or ruling of the military judge that
(A) terminates proceedings of the military commission with respect to a charge or specification;
(B) excludes evidence that is substantial proof of a fact material in the proceeding; or
(C) relates to a matter under subsection (d), (e), or (f) of section 949d of this title or section
949j (c) of this title.
(2) The United States may not appeal under paragraph (1) an order or ruling that is, or amounts to, a finding of not guilty by the military commission with respect to a charge or specification.
(b) Notice of Appeal.—
The United States shall take an appeal of an order or ruling under subsection (a) by filing a notice of appeal with the military judge within five days after the date of such order or ruling.
(c) Appeal.—
An appeal under this section shall be forwarded, by means specified in regulations prescribed the Secretary of Defense, directly to the Court of Military Commission Review. In ruling on an appeal under this section, the Court may act only with respect to matters of law.
(d) Appeal From Adverse Ruling.—
The United States may appeal an adverse ruling on an appeal under subsection (c) to the United States Court of Appeals for the District of Columbia Circuit by filing a petition for review in the Court of Appeals within 10 days after the date of such ruling. Review under this subsection shall be at the discretion of the Court of Appeals.
