(9) Prisoners of war in custody of the armed forces.
(10) In time of war, persons serving with or accompanying an armed force in the field.
As such, military tribunals will not apply to US citizens, other than those who are traitors and act in behlf of the enemy. This is not a power grab at civil liberties.
I would feel better if they were not secret, in the manner of the Nuremberg Trials. But in this case, the damning evidence, if publically revealed, may endanger the lives of agents and servicemen, may indicate the workings of classified technology used to gather it, or may tip off other provocateurs.
If we {read: agents of the U.S. gov} captured a terrorist, inside our country, who glowed in the dark and were unable to locate the dangerous material that this murderer had been working with, the 'clear and present' danger to the American public would call for action and means above that set forth for law enforcement under the supervision of civilian courts.
In other words, this sicko can be tortured or drugged in an attempt to locate the radioactive materials and/or prevent an attack on the American public. After such treatment it just isn't practical to give this barbarian a normal criminal trial. The military tribunal is the best venue under these sort of circumstances for final disposition of the subject.
9) Prisoners of war in custody of the armed forces.
(10) In time of war, persons serving with or accompanying an armed force in the field.
We are not engaged in a Constititutionally legal war. Congress must declare war, the President may not. Unless he has suspended the US Constitution while we weren't looking. If so, that puts us in a totally different situation.
While I don't think GWB will use the tribunals against US citizens, I think the possibility of a future POTUS doing so ('legally' or not) should be enough to cause all of us to raise he!! about GWB doing it. It's another step towards tyranny. Once there, it's a long and bloody road back.