That’s nonsense on steroids.
People have to get it in their head, these guys are not entitled to a lawyer or presumption of innocence or their “day in court”. They are not common criminals.
Technically speaking, they are Unlawful Enemy Combatants. Enemy Aliens.
They get a court martial, at best. And then hanged.
Yeah, even NY will probably take this guy seriously, but who knows for sure.