If this man is part of a terrorist group, and al Qaeda is probably the worst in the world currently, and we know where he is and that he is part of the group, he most certainly should be prosecuted - if he is not dealt with in a military fashion.
Al Qaeda is a terrorist organization. The world knows it. Sulaiman Abu Ghait certainly knows it as well. He's not an innocent, or a corporate shill. He is knowingly working for a terrorist organization, which makes him a terrorist. When we find terrorists, we either kill them or prosecute them, without exception.
Federal Court should prosecute Sulaiman Abu Ghaith, the spokesperson for al Qaeda. Will it happen? Probably not because terrorists do not have any constitutional rights. However, I do think he should be prosecuted for the terrorist attack on U.S. soil. I do not think he should be allowed to go free after causing the death of all those innocent people.
No, there should not be federal court prosecution for Sulaiman Abu Ghaith, the spokesperson for Al Qaeda, because he is an enemy combatant. An enemy of the United States should be treated just like any other enemy of the state. Civilian courts and their protections are for United States citizens, not for our enemies. If ever there was an appropriate use of a drone strike, it would be for the spokesperson for Al Qaeda.
I believe that in the instance of terrorism by a foreign entity, the individual should not be protected by American rights. This is because they are not an American. We should dole out justice swiftly and without the need for a Federal trial. The president should be able to dictate the punishment.