Like Leahy said, "They committed a crime in America". So he thinks they are no longer combatants of war and the act of flying a jet into the twin towers, being it is in America, is under civil jurisdiction.
So now we use the military to go to foreign lands to capture common !@#$ing criminals? (not sure, but is that legal?)
"I think that Eric Holder, our Attorney General, is right; I think the president is right in holding the trials of these murderers in New York City,".... Leahy
So much for them being involved in a heinous act of war.