Until proven otherwise he is holding an American citizen. If this guy is found guilty of whatever in a court of law by a jury of his peers I have no problem with hanging him for treason. I just think we should hear the charges and see the evidence before we string him up. Look at what happened to Richard Jewel. He's lucky as hell we weren't under the same "rule of law" as we are now or he'd be in Guantonamo (sp)
Enemy combatants can just shout "We're Americans!"
The man was first held as a material witness. That allows the feds 30 days to charge him or let him go, On the 30th day they CHARGED his as an unlawful combatant and transferred his custody and control from the DOJ to the DOD. There only remains the question as to the trial venue. BTW, this guy may be a citizen now, but my guess is that will not be the case for long. He meets all criteria for having his citizenship nullified.