Khalid Sheikh Mohammed faces double jeopardy?

So if the 9/11 planners get acquitted in their trial in New York City, they will not be released? They will THEN become enemy combatants? Holder suggests acquittal won't free terrorist :

Attorney General Eric H. Holder Jr. let stand Wednesday a claim that confessed Sept. 11 mastermind Khalid Shaikh Mohammed will remain in U.S. custody even if he is acquitted in the so-called "trial of the century" scheduled for a New York courtroom.

The claim arose during a tense Senate Judiciary Committee hearing, at which Mr. Holder defended from a storm of Republican criticism his decision to bring five suspects in the Sept. 11 attacks to trial in New York.

"It's my understanding that if [Mohammed] is not convicted, and somehow the judge lets him off on a technicality or something, then he becomes an enemy combatant, and then you are right back where you started," said Sen. Charles E. Grassley, Iowa Republican. "So what do you gain?"

Mr. Grassley moved on to another topic without waiting for a reply, and Mr. Holder did not return to the question, though he did say elsewhere in the hearing that he is convinced Mohammed will be convicted.

That kind of procedure would be wrong! If the administration is going to go the route of a civilian trial, we have to play by our own rules. If he is acquitted, to try him again before a military tribunal would surely constitute double jeopardy, which our Constitution forbids. If this is what the administration is planning, the notion that trying him in our great legal system will be an example of our ideals before the world becomes a farce! It makes a mockery of our vaunted legal system if he is going to be convicted no matter what and if we won’t abide by the court’s decision.