Interesting analysis on halfchan:
archive.fo/0O5Es
The big fish must be fried before a military tribunal, there is no other way to do it.
So, first we should notice the President has the authority to detain Unlawful Enemy Combatants in order to protect the nation AND to punish them for their crimes with a military tribunal. That raises the question of who an Unlawful Enemy Combatant might be and how they get put in that class.
We then observe the Military Commissions Act of 2006 grants the President or the SecDef the authority to establish a tribunal that determines whether an individual is an Unlawful Enemy Combatant. If the tribunal determines the individual to be an Unlawful Enemy Combatant, their ass belongs to the military. They may be detained and tried before a military tribunal for the crimes they committed that caused them to be declared Unlawful Enemy Combatants.
(That means that even as US Citizens, they have no recourse to civilian courts.)
>1/4