Over the years, I have warned that the attempts to shoehorn wartime operations against terrorists through criminal courts would produce distorted decisions on fighting, especially on the desirability of capturing terrorists. By treating terrorists captured abroad (as opposed to arrested in the US) the same as criminals arrested in the US, the government and the courts turn military and intelligence personnel into cops, and in doing so put at risk both the personnel and the tactics used to find, capture, and interrogate terrorists. It sets all of the incentives towards killing terrorists rather than capturing them, which not only results in higher collateral casualties but also denies the US critical intelligence on other terrorists.
I must admit that there is at least a bit of a disconnect that says sending someone to Gitmo with three hots and a cot, plus the religious text of your choice, plus medical care is far worse than sending a Predator missile through his kitchen window. Yet, the Obama administration that campaigned on closing Gitmo down, has little to no compulsion against firing missiles at suspected terrorists, even with the collateral damage that must needs accompany it.
But then, no one ever accused the Obama administration of being consistent...
Cross posted at Proof Positive