Flip the scenario around. Given that we’re at war with Al Qaeda and Obama is the CIC, if Obama had been shot this morning by someone from Al Qaeda, would we claim he was a ‘combat’ causulty, or would we call it an assassination? Of course we would call it the latter. This isn’t two uniformed armies sqauring off on a battlefield, there’s a clear difference. I don’t see the objection, in a scenario such as this, where we’re aware of treasonous behavior and have plenty of time, to simply trying the man in absentia for treason and either stripping him of his citizenship or condeming him to death through a judicially-reviewable process; i.e., Due Process. That’s what the Constitution requires.
He didn't show up. He was fair game. So are his advocates. We know which side they are really on.