If they had been, how would we know? The proceedings of Bush's Soviet-style military tribunals and their determinations are secret, are they not?
We could be dropping Arab suspects (and other enemies of the state?) into the Atlantic and a watery grave from military transports just like the post-Peron junta did in Argentina for all we know. As all constitutional safeguards which protect us from the government have been discarded for non-citizens, such atrocities are now possible. Who would have thunk it.
Clinton is probably envious of Bush's arrogated power. He's probably cussing himself out for not being as bold when he had the chance.