Congress could deny detainees court hearings
4. The United States has not "flouted its own constitutional safeguards" by maintaining captured enemy combatants. The combatants are aliens captured overseas at wartime and are not among the American citizens and legal aliens (i.e., U.S. persons) who are entitled to constitutional safeguards. Even the Supreme Court, in opening the U.S. courts to habeas petitions by enemy combatants, did not pretend that its ruling (in Rasul v. Bush (2004)) was compelled by the Constitution. Rather, it rested its ruling on the federal habeas corpus statute (28 U.S.Code, Sec. 2241) -- which means that if Congress got off its duff and amended the habeas statute statute tomorrow, the terrorists could be foreclosed from using our own courts as a weapon against us in the middle of a war, and the Constitution wouldn't have a thing to say about it.
8. It wasn't boatloads of prosecutors President Thomas Jefferson dispatched "to the shores of Tripoli." It was THE MARINES!