Judicial Review of Military Trials?
tushnet at LAW.GEORGETOWN.EDU
Wed Nov 21 10:30:21 PST 2001
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.
-------------- next part --------------
A non-text attachment was scrubbed...
Size: 242 bytes
Desc: Card for Mark Tushnet
Url : http://lists.ucla.edu/cgi-bin/mailman/private/conlawprof/attachments/20011121/b0349514/tushnet.vcf
More information about the Conlawprof