Let's just go ahead and bring back the Star Chamber and the torture dungeon in the Tower of London. Oh hell, I guess that's been done already by the CIA. I forgot. We are in the proud business of holding people under harsh conditions, incommunicado, in secret prisons beyond American shores.
Curl
Not to hijack the hijacking . . . but back in WWII, that arch conservative FDR didn't bother with holding German spies and saboteurs under harsh conditions. Nope. He had them tried via military tribunal (which process the Supreme Court OK'd) and, in most cases, executed. The Brits took the same category of unlawful combattants and used a slightly different approach, which was: "OK Fritz, you have a choice. Either we hang you, or else you can cooperate with us." Most of the German spies and saboteurs chose the latter course. As a result, the reports back to the Fatherland from those "German agents" helped to deceive the Nazis about our D-Day plans, convincing them that Normandy was only a feint and that the major invasion would come at the Pas de Calais.
As for the prisoners we've held at Gitmo . . . I've read reports that something like 20-30% of those we've released because the lawyers thought the evidence was insufficient have been either killed or recaptured, back to their old terrorist ways, in Afghanistan.
Sometimes we need to remember that we didn't coddle the enemy last time someone launched an attack on our soil (WWII) . . . and we won that one.