Like I said, it's changing the terms around (enemy combatant vs. foreign terrorist vs. state-sponsored terrorist) that are allowing illegal activity to continue, such as holding innocent people indefinitely. The fact that some of them are not American citizens does not mean they don't have American/American-like rights and this has been confirmed and ruled upon multiple times (like last summer's decision to allow alleged terrorists to appeal).
I think the decision extended certain rights to not only the US but to include areas under US direct control as Gitmo is... I agree they should have the right to have their status determined.
We can't have it both ways but we are enjoying that status, it seems. I can see why we'd want it that way... But, end of day the most logical place to try these people depends on their real status. And if there is a court forum choice, Cost should matter if all other things are equal.
In Oct of '02 Bush produced a War Powers Act Resolution... It was quite broad and in my mind puts us in a state of war with a broad spectrum of people... I think the terrorists are enemy combatants. They are in an Atypical war.