The administration intends to try some of the detainees being held at Guantanamo Bay, Cuba, in federal courts, as President Obama has pledged. But officials have concluded that some detainees can only be tried in military tribunals, said a U.S. official familiar with the changes.
This is actually worse because it makes federal vs. military court totally arbitrary.
We need a federal judge to refuse to preside over a trial because federal courts have no jurisdiction over military affairs conducted in foreign lands.