that's entirely different. Foreign terrorists are generally considered unlawful enemy combatants, except in the world of Obama, he had to liberalize that and stop using the term because he's quite the guy. Legislators and bleeding hearts can find wiggle room for certain.

However, they don't wear a country's uniform and don't fight under the traditional rules of the Geneva Convention. You can hold terrorists indefinitely under our system and their rights do not apply, in other words, they can rot. But it seems Jackson had no problem defending the swine. I have zero problem with a US citizen being defended no matter their crime, obviously.

Politico has a decent article on this from the time of the two brothers up in Boston. But again, as is the case in law, there is wiggle room and they touch on that a little. But also there are clear statements on the status of foreign actors engaged in acts of terrorism.