Hence Guantanamo, submarines, etc. I guess. Those aren't "in US" and there the Constitution is not in force.
It's a far cry from what I was taught is the right way, but what has been done to our system of justice by the clowns is a far cry from the way it ought to be too. We need to get control back from those belligerents, and I don't care much about their human rights – they didn't care about the rights of so many others after all.