A military tribunal would have been a good idea in all cases, but the Dems started objecting early on that this was not terrorism conducted as an attack on the US, but just the work of misunderstood little sweeties acting out because they hated that evil George Bush.
Now we’re stuck with these people, they’re in our jails and busy filing appeals (Reid just filed one, and so did Moussaui) and they’ll be happy jailhouse lawyers until they break out or are released early by some dim bulb judge.
My personal belief is that they are still good ideas with the exception of those who are captured that are American citizens. I think Padilla's citizenship status demands that he be tried in Federal court. People picked up on the battlefield (to include the "domestic" battlefield) who aren't US citizens shouldn't enjoy the protection of the Constitution. But, US citizens - while in the custody of the US government, must be treated in accordance with the US Constitution, at all times.