Rafe Colburn has some interesting thoughts on the dirty bomber. I’ve been thinking about this since I read about it today. It seems obvious to me that they’ve given up any hope for a conviction on anything related to the bombing. The article I read said they put him into military custody specifically so that he wouldn’t have access to a lawyer. That seems like an obvious “get out of jail free” card for any U.S. Civilian if he is taken to court.
Of course, they claim he is a military combatant, but then follow up with “there is no plan” for a bomb — just that they suspect he might have built one. So, in the end it looks like they wanted to look busy — to look like they were actually doing something about terrorism.