"The current war against Jihadi terrorism is precisely that: a war. According to the enumerated federal prerogatives for the prosecution of a war, such terrorists are not privileged with the guarantees constitutionally afforded to those accused of other criminal breaches of the law. Not only are they not guaranteed the rights implied by the constitutional provision for a writ of habeas corpus, but terrorists are not guaranteed the protections of the Fifth Amendment, either. In fact, civil rights are constitutionally guaranteed to protect citizens exclusively, so that terrorists not possessing U.S. citizenship are de facto excluded from any discussion of civil-rights protection."
The Federalist 04/16 Digest