And who determines all of that?
DUHHH...
If a policeman is driving his squad car down the street and hears a bank alarm going off, sees a running masked man carrying a bag trailing a cloud of dye pack smoke, and waving a 45 automatic in the air, he doesn't have to run to the court and get a warrant to catch the bastard.
Your desire to try Terrorism first in the courts will result in our death and defeat. Terrorism is not a civil violation of the law that can be defeated by subpoenas and lawsuits. Bullets and bombs are the only thing these scumbags understand and respect.
When some A$$-wipe U.S Citizen is on the phone with a foreign terrorist calling from overseas and Mr. "Citizen" says to Mr. Terrorist "I have the bomb materials you sent me in the basement..when do you want me to blow up that synagogue?", he is running down the street waiving a gun and carrying a bag trailing a cloud of dye pack smoke. He is no longer "presumed" to be innocent--he has submitted prima facia evidence of his guilt, forfeited his U.S. citizenship, and become a Foreign Agent. The gloves are off--or should be.
And anyone running interference for that bank robber to protect his "presumption of innocence" is guilty of the same crime, and should get the same punishment. Likewise with U.S. Senators and newspaper editors/reporters--hang them all.