Hamdan's focus now is not on post-trial habeas, of course. What he seeks is pre-trial relief to avoid being subjected to a trial that, in his submission, will be unlawful. His claims of unlawfulness, however, are all claims that should or must be decided in the first instance by the Military Commission, and then raised before the DC Circuit, as necessary, on appeal. The Supreme Court's decision in Councilman requires federal courts to give "due respect to the autonomous military judicial system created by Congress." Councilman involved courtmartial proceedings against a US service member, to be sure, and not a military commission, but its central rationale is applicable here. Councilman requires the courts to respect the balance that Congress has struck in creating a military justice system, "a critical element of which is the Court of Military Appeals consisting of civilian judges completely removed from all military influence or persuasion." [citations omitted]