The more that I think about this topic, the more that I think it is just Americans whining about more difficult security challenges. It sounds very similar to complaints of "criminals getting acquitted on minor technicalities" or "criminals hiding behind the law." I think those complaints are better directed at the lawyers who failed to get the prosecution or the evidence gatherers who were not meticulous enough. We can say that it shouldn't be so difficult, but that presupposes that "we know he did it" before the trial goes forth. On the issue of trying terrorists, we can also say that it should not be so difficult, but that presupposes that wars will always be fought fairly and on our terms. Welcome to the 21st century.
On the specific issue of terrorists, I wonder if perhaps it is time for a "minimum contacts" test to assert Constitutional protections. Put the burden on the prosecution to demonstrate no "minimum contacts" with this country.
If a strong case can be made that you only came here to blow stuff up and it is demonstrated that you are not a citizen and you are here on a temporary visa (or cannot produce any documentation at all), then we notify your countr(y/ies) of citizenship. Then...
1) no foreign state is willing to intervene on your behalf, then you fall under jurisdiction of the military tribunals.
2) if a country in which you have citizenship is willing to intervene, or if your country asks another country to do so on its behalf, then you are detained, like any nonresident criminal suspect, and your processing through the legal system is suspended until arrangements can be made for your return to your home country.
This would mean that a terrorist from a country with poor relations with us might get returned. Say, for example, some terrorist from a state that doesn't like us shows up, attempts a terror attack, we capture him, and his country of nationality says, "we want him back" and we know that he will return to a hero's welcome. So what? He still gets questioned and still gets detained for a long period of time while the legal haggling occurs. In the meantime, he gets no miranda rights and no access to a lawyer. If his country of nationality says "we don't want him" and he gets tried in our legal system, then only evidence that can pass muster of our rules of evidence gets admitted. That, too, could result in a "known terrorist" being acquitted and deported. So what? Look how many Gitmo detainees have returned to being terrorist operatives. Have we all spontaneously combusted as a result?
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