The perpetrator is not acting rightfully. He may have some mechanical means to compel the government, but if he succeeds, the government actions on his behalf won't be rightful, -- it will be an extension of his crime or a hostage to it. "Empowering" or "powers" as the word is used in the US Constitution connotes a relationship of rightful agency, and that is how I use it.
Says who? The prosector must present enough credible evidence to show that he's a legitimate suspect. The prosecutor(The U.S.) must respect the soverignty of the nation just as he must respect the soverignty of any home in America. He cannot enter without enough evidence to convince a judge that he has a resonable belief that he has the right person.
He may not kill the family for demanding that the evidence be presented, nor may the government prosecute a war killing the man's countrymen without due process.
By bombing and killing Afghanis other than bin Laden, we are unjustly denying them due process. That is as far from libertarian as it gets and I am disgusted that you want to justify such behavior.