Pretty simple: a trial just like McVeigh got and punishment to fit the crime.
can't happen.
what are you going to do, allow the ACLU to depose KSM and Zubayda and all the other AQ people we are holding at the secret CIA prisons? that would be like a wet dream for the left to be able to access those people and air it all out in a public trial.
the SCOTUS screwed us on this one - they would have ruled for Padilla had the case gotten there - Scalia especially.