The nut of the problem. If the administration would stop being so dang PC and modify the order, I would not have a problem. Though they would have to follow the UCMJ. What was in their minds when they allowed this guy to reenter the US?! Pass through the Custom Zone, then arrest him reading him his Maranda Rights. DUH!
That is why the Court denied the case filed by the California Lawyers in behalf of the guys in Cuba.
The Court ruled that it has no jurisdiction because it is coverd by the rules of war passed by congress as explained by the Supreme Court.
It is constitutional. Just don't spy for the enemy and you will not get caught up in it.
Three words: Authority Without Accountability.