The recent bruhaha about treating the christmas bomber as a criminal brings up some ironic memories. I remember when IRA was still trying to fight a war and they were so angry at the British government treating them as criminals. They would have loved to be part of a war. It would legitimize their struggle. What they would give to be tried by military tribunals.
America was founded on the “rule of law” and “equality of everyone.” Should we sacrifice any of those values for the mere possibility that someone might talk more than if we treat them according to the law? There is no guarantee that keeping someone without a lawyer and handing them to the military will make them give more or less intelligence than interrogating them lawfully.