Didn't soemone say that the administration had to either declare them to be prisoners of war, or criminal suspects? Oh wait, in fact there were a whole lot of someones saying that. In their effort to avoid the legal requirements for treatment of either of those categories they made up the new "enemy combattants" designation.

Now that they actually want to try someone, they have to decide whether to use military or civilian courts. No matter which one they pick, they're screwed -- if there are many more judges with the integrity and balls this one seems to have, to call them on it.