Except those in Gitmo where caught on the battlefield, thus it is punitive, Bambi is calling for preemptive.
For the record, are all at Gitmo caught on the battlefield?
There seem to be some that were caught by others and turned over to the USA. They are at Gitmo rather than being brought to the mainland.
Not all of them. Many, like the guy they are bringing to NY City for trial, were captured in other countries. Pakistan in that particular case. Also in that case he'd been indicted for a crime committed before 9-11, but still not in the US. (Bombing of embassy in Africa).
But we have to stop treating terrorism as a criminal matter. That's how we got 9-11. They are making war, illegal undeclared war but still war, on us. They need to be treated accordingly. That is, since the war is illegal, and since they do not wage it as part of any country's armed forces, or as uniformed rebel combatants, they are in effect the same as pirates. Motivated by ideology rather than avarice, but pirates none the less. Pirates are subject to detention, summary trial or courts martial, and execution, pretty much on the spot, or as convenient to the capturing military forces.