They also have seen that, wherever ALAC is considered, more and more of our countrymen are becoming aware of the problem Newt Gingrich has helped define: the threat from shariah and the need to keep its adherents from imposing that toxic, anti-constitutional doctrine on the rest of us, whether by stealth in our courts (among other places) or through terrifying violence.
This would include his right to a civilian trial as, were he to be designated an enemy combatant, Tsarneav would be tried by a military tribunal where the constitutional protections extended to the rest of us are virtually non-existent.