Judicial Review of Military Trials?

[Mark Tushnet]

A story in today's paper goes through the reasons (primarily,
sympathetic judges and jurors) the Justice Department might have for
bringing criminal prosecutions in the Eastern District of Virginia (and
the Fourth Circuit).  With respect to the military tribunals issue, I
suppose the planning should be to ensure that the formal custodian of
the detainees is a military officer in the Eastern District -- if I
recall the law correctly, it's the custodian's venue that matters, not,
for example, that of the Pentagon or the Secretary of Defense, who
clearly is in the Eastern District.
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