USE ONLY DEPARTMENT OF DEFENSE CHIEF PROSECUTOR OF MILITARY 1310 DEFENSE PENTAGON WASHINGTON. DC 20301-1610 CHIEF nauseouros 23 May 2016 MEMORANDUM FOR THE PERIODIC REVIEW BOARD SUBJECT: Prosecution Position regarding MUhanmad Rahim (ISN 10029) 1. Section 1023(b)(4)(D) of the National Defense Authorization Act for ?scal year 2012 requires that, in conducting its periodic review of detention, the Board consider, inter alia, the likelihood that a detainee may be subject to trial by military commission. The below prosecutorial position is provided to ful?l! this requirement. 2. I have no concerns about the lawfulness of 10029?5 detention under the law of armed con?ict and also believe that continuing humane, secure, and legitimate detention under the law of armed con?ict is a course of action completer consistent with the national security and justice interests of the United States. At this time, however, it is ilrel}r that I would swear charges against ISN 10029. MARK S. MARTINS Brigadier General, US. Army Chief Prosecutor UNCLASSIFIEDHFOR OFFICIAL USE ONLY