Unlawful combatants don't have rights.
This is probably a point where we have a fundamental disagreement but here goes. EVERYONE has rights. There is nothing that I am aware of, that specifically limits the fundamental rights we believe in to only American citizens. If these are rights we truely believe in as fundamentally important, then they apply to everyone.
The question isn't so much the underwear bomber because his crime was obvious.
Suppose based on intelligence information he was picked up in Yemen while plotting. How is a civilian court supposed to prove its case? It can't subpoena his buddies in Yemen. It can't disclose where they got the information, for the arrest since that source will then be compromised.
In what you outline - that is really difficult to say. In that case they might not choose to try him in a civilian court. One worrisome aspect though...is can justice be truely served because it depends on hearsay? And there have been some gross miscarriages of justice in people picked up, tortured and consequently found innocent based on just such hearsay. I do not think all cases are appropriate for a civilian court but in so far as they can be they should be.
You do make a good point though.
Civilian courts are geared for handling a crime after it has been committed, not for thwarting terrorist attacks on an on-going basis.
I don't know if you can use that reasoning as the basis for deciding what venue the person should be tried under. One thing is clear to me though. Terrorism is nothing new - it's been going on and directed against our interests for some time and we have not been using military tribunals. Why do we suddenly put it all within that venue?
We are in an intelligence war. Information is critical. Almost any information revealed to terrorists or their lawyers involving sources, methods, practices, of getting intelligence, can than be used by terrorists to stop authorities from thwarting further terrorist attacks.
My main concern is the protection of ameican civilians from unlawful combatants such as Al Qaida. That is better handled in this case by a military tribunal than by civilian courts.
I respect your point of view, even if I don't totally agree with it. I see the rule of law and justice as paramount though I do agree not all cases are suitable for a civilian court.
Perhaps it is good that we are different because it takes all kinds to build the sort of country and values worth defendiing (in my opinion).