People need to grok that the Durham report was to have all the evidence needed for educating the public, who will then not be freaked with the military arrests happen. Military can use the evidence in addition to whatever they have. The actors are enemy combatants.
The foreign ones maybe but doubtful. Enemy combatants go to a prison camp, and are not tried unless a war crime is committed by them.
These other traitorous bastards are illegal/unlawful/non-privileged combatants depending on the PC of the doc. They have illegally engaged in war, they have no rights, other than basic human rights which won't be enough to save them. No different than bandits or pirates 'right-wise'.