First we have to make some assumptions. There are two possible conditions: We are at war. We are not at war.
If we are not at war, all your legalisms, due process and, etc hold the day.
But, if we are at war, the preservation of our way of life is paramount. The need to preserve, freedom and liberty, has when neccessay, trumped judicial rights, in order to save the republic.
Well said hound.
You seem to have forgotten. The judicial system has already gotten into this case. Faris was convicted of a crime. You would be on much more solid legal ground if Faris were merely held as an enemy combatant.