I agree, he should be court martialed and executed.
’ I was pointing out that according to the NYT article linked he would have gotten the same rights even if charged as an enemy combatant.
This from the article linked.
“But administration officials argued that he would have the same right to a lawyer in military custody because the Supreme Court has ruled that terrorism detainees have a constitutional right to file habeas corpus lawsuits challenging their detention”
This is BS but for now it is what it is