Executive Power is an amazing thing. The following taken from the link attributed:
"No holding US citizens as unlawful enemy combatants
Q: Does the Constitution permit a president to detain US citizens without charges as unlawful enemy combatants?
A: No. I reject the Bush Administration’s claim that the President has plenary authority under the Constitution to detain U.S. citizens without charges as unlawful enemy combatants.
Source: Boston Globe questionnaire on Executive Power Dec 20, 2007 "
Apparently our president prefers to allow them to assassinated.
"Homeland security must protect citizens, not intrude on them
Every democracy is tested when it is faced with a serious threat. As a nation we have to find the right balance between privacy and security, between executive authority to face threats and uncontrolled power. What protects us are the procedures we put in place to protect that balance, namely judicial warrants and congressional review. These are concrete safeguards to make sure surveillance hasn’t gone too far.
Source: In His Own Words, edited by Lisa Rogak, p. 99 Mar 27, 2007 "
Which is why he signed off on the extension of the Patriot Act no doubt.
"Barack Obama on Voting Record
FactCheck: Promised to repeal Patriot Act, then voted for it
Clinton took direct aim at Obama and connects fairly solidly: “You said you would vote against the Patriot Act; you came to the Senate, you voted for it.” Clinton is correct to say that Obama opposed the Patriot Act during his run for the Senate. She’s relying on a 2003 Illinois National Organization for Women questionnaire in which Obama wrote that he would vote to “repeal the Patriot Act” or replace it with a “new, carefully crafted proposal.” When it came time to reauthorize the law in 2005, though, Obama voted in favor of it. He started out opposing it: In Dec. 2005, Obama voted against ending debate--a position equivalent to declaring a lack of support for the measure. Then in February of that year, Obama said on the floor that he would support th Patriot Act’s reauthorization. In March 2006, Obama both voted for cloture and for the Patriot Act reauthorization conference report.
Clinton, by the way, followed exactly the same path on the 2005 bill, from speaking in opposition to voting for it.
Source: FactCheck.org on 2008 Facebook/WMUR-NH Democratic debate Jan 5, 2008 "