Ellis Hennican (Newday guy) and O'Reilly recently were arguing over the proper forum for the terrorist trials. O'Reilly wanted Military courts and Hennican civil courts. O'Reilly noted that polls support the Military courts; Hennican said polls shouldn't determine such things and wanted to give the terrorists various Constitutional rights. Hennican is correct on former and wrong on the latter one. The treatment of enemy combatants in war is not a question that should be determined by popular opinion; nor is it a political issue of Bush vs. Obama. The question is what the properly can be done with a prisoner of war and what rights they do have.
The protections of the U.S Constitution simply do not apply. International (Geneva) conventions indicate that such prisoners have no right to a trial and their confinement ends when the war ends. According to the same source, it is accepted practice to shoot them when captured without a uniform.
Wrong questions lead to wrong answers.