He wouldn't be sentenced to anything in an open court. He'd be shipped off to Guantanamo (or wherever the current CIA prisons are), waterboarded until he confessed to collaborating with Al Qaeda, tried in a secret military tribunal, then sentenced to either death or life imprisonment in closed court. At the end of the process the Executive Branch would be lauded for successfully capturing and prosecuting a dangerous terrorist, rather than being excoriated for defacating all over our civil liberties.