for trial, including the following: (A) Pre-referral investigative subpoenas. (B) Pre-referral warrants or orders for electronic communications. (C) Pre-referral matters referred by an appellate court. (D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b). (E) Pre-referral matters relating to the following: (i) Pre-trial confinement of an accused. (ii) The mental capacity or responsibility of an accused. (iii) A request for an individual military counsel. (2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall— (A) set forth the matters that a military judge may rule upon in such proceedings