The JAG jerks pushing this need to spend time in prison.
Sorry to be so ... not PC.
IMHO, a terrorist found on the battlefield should stay on the battlefield.
JAG's aren't the convening authority. Like anyone else in the military, they're following orders. If you've got a problem with the charges (as I do), then your beef is with command, not the attorneys prosecuting the case.
There will be an Article 32 hearing, much like a civilian preliminary trial with elements of a grand jury. That hearing will determine if the evidence supports a referral to a court-martial. But, the JAG corps is obligated to hold the hearing as the SEALs have refused Mast. They aren't "pushing" anything - the Commanding Officer is.