Lawfag here. Agree 100%.
lawfag#2 here, doing some more digging on EC and how it might apply to US citizens. Found this, don't recall seeing it when we dug on this last year. Not sure if pertinent, but posting for possible interest.
An American Enemy Combatant Case? The News Out of DOD, and What Might Happen Next
https://www.lawfareblog.com/american-enemy-combatant-case-news-out-dod-and-what-might-happen-next
Article outlines and explains 4 possible options:
The Straight Civilian Prosecution Option
The Straight Military Detention Option
The Military Commission Prosecution Option
The Hybrid Option