Is the issue that they killed U.S. citizens in this country while never setting foot in this country? What about killing U.S. citizens in another country? To what extent do we go to extradite or render the accused? If we are in a war and U.S. soldiers kill citizens of another country in that country are they subject to the laws of that country? What about our intelligence personnel who helped plan the hit on Usama? Should we render them to Pakistan for killing Usama in that country?
Jihadists are at war with America. Prisoners of that war should remain prisoners until the war is over. This is not a criminal activity. It is open, declared war by an ideology not a nation-state and should be treated as war.