The Obama administration has placed Boston terrorist suspect Dzokhar Tsarnaev in federal custody with plans to give him a civilian criminal trial in U.S. District Court in Massachusetts. That’s what the Constitution requires, though some will undoubtedly question that decision.
According to reports, Tsarnaev became a U.S. citizen in Sept. 2012. He was captured on U.S. soil by federal law enforcement officers (not military). This was not a battlefield setting, and at this point it appears Tsarnaev was not working for a foreign government or terrorist organization with which we are at war.
Tsarnaev is now in federal custody and will be prosecuted in federal court by the U.S. Department of Justice through Massachusetts U.S. Attorney Carmen Ortiz.