Thanks for the ping......I enjoyed reading this thread........but don't know enough to comment on the legal ramifications,
However, I don't believe foreign terrorist non-combatants attacking our military or plotting to attack American citizens should be entitled to the protection of our Constitution.
How do you know they are terrorists and not U.S. citizens in the wrong place at the wrong time?
It is really simple. You hold a tribunal - which the army always used to do - and find that they are terrorists. End of story. Having done that you are free to lock them away on Guantanimo forever.