re: #698 lawhawk

The Justice Department oversight hearing was dominated by debate over Mr. Holder’s announcement last week that the five accused as Sept. 11 co-conspirators would face prosecution in federal court. He also announced that five other detainees at the military prison at Guantnamo Bay, Cuba — including one accused of a playing a role in the 2000 attack on the U.S.S. Cole — would face trial before a military commission.

Has anyone articulated the difference between the two classes of accused, or what principle is being used to send one to trial in criminal court and another to a military tribunal?