Both John Walker Lindh "The American Taliban" and Jose Padilla did have their days(s) in court, represented by legal council. They just happened to lose. Since they are US citizens, the US Constitution does apply to them. Walker serves his prison time in a medium-security prison in Victorville, California, not in Guantánamo, Cuba.

There are only about 650 detainees in Guantánamo, 70% are low-level Taliban and have little valuable information to impart. They also have no home to go back to. They will either re-join the Taliban or be arresrted/killed by the legitimate government of Afghanistan. The US does not want either to occur, so in Gitmo they will sit. They get Islam-friendly food and mediacl care. Boring but that is the best we can do.

This is a bit off from Foley but I am just responding, not hijacking.