William S. Johnson v. Beverly E. Powell, Etc

Rule 49 of the Rules of the Court were flouted by the Solicitor General and the Army as subdivision (1) provides:

'Pending review of a decision in a habeas corpus proceeding commenced before a court justice or judge of the United States for the release of a prisoner, a person having custody of the prisoner shall not transfer custody to another unless such transfer is directed in accordance with the provisions of this rule. Upon application of a custodian showing a need therefor, the court, justice or judge rendering the decision may make an order authorizing transfer and providing for the substitution of the successor custodian as a party.'

Ex parte Endo, 323 U.S. 283, 306, 65 S. Ct. 208, 89 L. Ed. 243; Jones v. Cunningham, 371 U.S. 236, 243-244, 83 S. Ct. 373, 9 L. Ed. 2d 285.