so you want to have the US military travel with a criminal investigation team, just in case they might encounter US citizens on the battlefield? do we have to arraign the captured person within 48 hours too?
we are either at war with these people, or we aren't. either they are agents of foreign powers, or they aren't. we can't be at war with just some of them, while any US citizens who join the cause get treated like someone who just robbed $50 from a 7-11.
Frankly, you are just being silly. Padilla is in this country right now. He has been held in prison for three years at substantial expense. Why can't the man have a trial before a civilian court, just as Timothy McVeigh did?