That says that when the military handles charges under the UCMJ, they will take into account principles that apply to DOJ prosecutors in criminal cases handled by civil authorities. It does not mean, in any way, shape or form, that the DOJ will be involved in handling military tribunals, as so many here seem to think.
Some claim Huber will be involved in those military tribunals. That is not the way it works. He may coordinate with the military to determine who will prosecute, but he will not handle tribunals and the military will not handle prosecutions in federal court, at least until the appeals process, or whenever federal judges have jurisdiction to review military cases. There would be a statute that spells that out.
US citizens who are deemed enemy combatants are subject to military tribunals, that has never been in doubt. There is an unusual amount of confusion about the DOJ's role in tribunals and whether US Attorneys would be involved. They are from two wholly different systems.
I think we both get that part, Def. We know the US attorney won’t appear before a military tribunal, nor will a JAG Officer appear before a Judge. Seemed like the order smoothed the way for cooperation between them, that’s all.