You're wearing me out. There's no limitation of the Commander in Chief's power to domestic soil, so to speak. Fast forward a little to the Barbary Wars. Under the leadership of President Thomas Jefferson, the U.S. Navy (and Marines) took prisoners in the prosecution of that armed conflict. The President did not turn these folks over to the domestic criminal justice system to be convicted or released. He had his military hold them as prisoners but eventually turned them over to the Bashaw of Tripoli as part of the 1805 peace treaty negotiated by Tobias Lear, which ended the conflict. They were military prisoners; not under the jurisdiction of the Judiciary. And this caused no great stir at the time among our mostly still-living heroes who drafted, signed and ratified the Constitution; certainly the celebrated drafter of our Declaration of Independence had no problem with it.