https://www.lawfareblog.com/federal-prosecution-viable-option-enemy-combatants

By Mary B. McCord Monday, July 24, 2017, 2:19 PM

“It is true, of course, that the United States will not have an Article III option in every case in which it has the opportunity to take custody of an enemy combatant. Law enforcement officials may lack the quantum of admissible evidence necessary to bring criminal charges in good faith and in accordance with Department of Justice policy. But in cases in which the evidence is available, prosecution in an Article III federal court is not just a viable option, it has been the most successful long-term option since 9/11. [Assistant to the President for Homeland Security and Counterterrorism Thomas] Bossert, and the Trump administration, should not foreclose it.”