I must have missed that. On the other hand, you seem to have missed this. There is ample historical precedent, both here in the US and abroad, of using military tribunals to try prisoners.

The "undeclared war" argument both weak and bogus. The US has only declared war a handful of times in our history compared to the number of times we've fought. Furthermore, the US may not have declared war on the terrorists but they declared war on US. From the moment that first plane hit the WTC, we have been at a state of war whether you believe it or not. Those terrorists would gladly kill you if they could without any form of legal niceties or semantics. Believing otherwise could be terminally naive.

Bringing those prisoners back to the US for trial in our criminal courts might as well be called the Trial Lawyer Full Employment Act of 2001. It took years of trials and millions of tax dollars to convict a handful of people in the 1993 WTC bombing. Magnify the scale of that trial by dozens, perhaps hundreds of times and you see just how truly absurd the notion is.