Because the president and congress are limited to the powers given them by the Constitution, and the constitution guarantees a trial in a civilian court to all PERSONS in the United States.

Because the legal team of the President is intent on keeping an unconstitutional law, even though they cannot provide examples to the court on how the provisions in the 2012 NDAA may be used.

Because the President has promised the people of this nation - The people that voted for him that, "vigorously pursue" civil rights cases, and his legal team is working in opposition to that promise.