Action by commander exercising special

court-martial jurisdiction When in receipt of charges, a commander exercising special court-martial jurisdiction may: (1) Dismiss any charges; (2) Forward charges (or, after dismissing charges, for to a subordinate commander the matter) disposition; (3) Forward any charges to a superior commander for disposition; (4) Subject to R.C.M. 201(f)(2)(D) and (E), 601(d), and 1301(c), refer charges to a summary court- martial or to a special court-martial for trial; or (5) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing under R.C.M. 405, and, if appropriate, forward the report of preliminary hearing with the charges to a superior commander for disposition. Rule 404A. Initial Disclosures (a) Generally. Except as otherwise provided in subsections (b)–(d), counsel for the Government shall provide information, matters, and disclosures to the defense: the following (1) After preferral of charges. As soon as practicable after notification to the accused of preferred charges under R.C.M. 308, counsel for the Government shall provide the defense with copies of, or if impracticable, permit the defense to inspect the charges and any matters that accompanied the charges when they were preferred. (2) After direction of a preliminary hearing. As soon as practicable but no later than five days after direction of an Article 32 preliminary hearing, counsel for the Government shall provide the defense with copies of, or if impracticable, permit the defense to inspect: (A) the order directing the Article 32 preliminary hearing pursuant to R.C.M. 405; (B) statements, within the control of military authorities, of witnesses that counsel for the Government intends to call at the preliminary hearing; (C) evidence counsel for the Government intends to present at the preliminary hearing; and (D) any matters provided to the convening authority when deciding to direct the preliminary hearing. (b) Contraband. If items covered by subsection (a) of this rule are contraband, the disclosure required under this rule is a reasonable opportunity to inspect said contraband prior to the preliminary hearing. (c) Privilege. If items covered by subsection (a) of this rule are privileged, classified, or otherwise protected under Section V of Part III, the Military Rules of Evidence, no disclosure of those items is required under this rule. However, counsel for the Government may disclose privileged, classified, or otherwise protected covered by subsection (a) of this rule if authorized by the holder information to which information of the privilege, or in the case of Mil. R. Evid. 505 or 506, if authorized by a competent authority. (d) Protective order if privileged information is disclosed. If the Government agrees to disclose to the accused the protections afforded by Section V of Part III may apply, the convening authority, or other person designated by regulation of the Secretary concerned, may enter an appropriate protective order, in writing, to guard against the compromise of information disclosed to the accused. The terms of any such protective order may include prohibiting the disclosure of the information except as authorized by the authority issuing the protective order, as well as those terms specified by Mil. R. Evid. 505(g)(2)–(6) or 506(g)(2)–(5).