First Circuit -- US v. Pleau

Once the Federal Government has sought custody of a prisoner under the IAD, it cannot by writ of ad prosequendum circumvent the statutory power of a Governor to decline to surrender custody.

Appropriate standard is that for advisory writs, not usual madamus/prohibition.

Absent IAD, State would have to honor the writ.

DISSENT:  Writ has been validly issued.

US v. Pleau 

[Thou shalt not kill.  - TMB]