A.(1) Proceedings may be conducted to review, or otherwise act on the following matters before referral of charges and specification to court-martial for trial in accordance with rules or regulations prescribed under Article 36 of this Code. (a) Pre-referral investigative subpoenas. (b) Pre-referral warrants or orders for electronic communications. (c) Pre-referral matters referred by an appellate court. (2) If any matter in a proceeding under this Article becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed in the court-martial. B. Military judges may be detailed to proceedings under Paragraph (A)(1) of this Article in accordance with regulations prescribed under Article 36 of this Code. A Section, other than a proceeding described in Subparagraph (A)(1)(b) of this Article, may designate a military magistrate to preside over the proceedings.
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