He’s an enemy combatant captured on the battlefield (a battlefield of his own creation). He’s a traitor per the U.S. Constitution. Turn him over to the military so they can waterboard him, try him and hang him.
Go that route and you will have the ACLU and all manner of bleeding hearts tying up prosecution for years.
Our laws are only as good as those charged with upholding them. Three words:
obama
holder
roberts
There are far more, but you get my drift.