[Kale]

That' a greeaaaat idea, Alan. So what you're saying is, if a terrorist commits a mass atocity on foreign soil, he should be subject to a military tribunal, but if he does it on American soil, he should get an OJ trial with Greta Van Sustren? Wouldnt that make all the terrorists want to come America FIRST before they commit their crimes? It basically ensures more terrorism at home than abroad.

[Satadru]

In order to be a valid trial, the court must have jurisdiction where the crime is committed. The military has no jurisdiction within American soil, and hence cannot legally try anyone. For a military tribunal to try someone for a crime committed in the US would require the military to have jurisdiction in that area, which necessarily requires the declaration of Martial Law.

[Native American Female Vet]

What many fail to understand is that there are laws and secret courts already set up here to deal with this. The Forieign Intelligence Survelliance Act of 1978 has secret courts. Here is a good but old article about it.

Here is a snip from it

Inside America's Secret Court: The Foreign Intelligence Surveillance Court

by Patrick S. Poole

Introduction

In a highly restricted room inside the Department of Justice Building in Washington D.C. resides a federal court that meets in complete secrecy. Even though the rulings this secret court issues may result in criminal charges, convictions and prison sentences for US citizens, their writs and rulings are permanently sealed from review by those accused of crimes and from any substantive civilian review. This is the Foreign Intelligence Surveillance Court (FISC), which considers surveillance and physical search orders from the Department of Justice and US intelligence agencies. During the 20-year tenure of the FISC the court has received over 10,000 applications for covert surveillance and physical searches. To date, not a single application has been denied.

The Foreign Intelligence Surveillance Act (FISA)<1>  was passed in 1978, during the days of increased terrorist activity against American citizens around the world. The Cold War and American involvement in the Middle East raised fears both about increased spying on US government, military and business facilities and personnel and about terrorists planning attacks in the US and against Americans overseas. In this atmosphere, federal law enforcement and intelligence administrators requested Congress to increase surveillance powers to combat these growing trends. The FISA statute was also a regulative response to the allegations of domestic spying by federal law enforcement and intelligence agencies during the 1960s and 70s. However, with the FISA legislation passed, the process was cloaked in absolute secrecy. While few Americans are even aware of the court's existence, the FISC routinely hears applications for surveillance and physical searches from federal law enforcement and intelligence agencies.  The FISA court issues more surveillance and physical search orders than the entire federal judiciary combined.