The courts have passed on in their recent decisions that the only way for the detentions to stand is if there are status designation trials, and then from there putting anyone held through the tribunal process.

As far as your point regarding the 5th amendment, I don't know 100%; I wasn't asserting that UCMJ applies to citizens, Ex parte Milligan is the precedent stating it cannot, I was just trying to point out due process doesn't equate to a court room with a jury of Joe Sixpacks presiding.