The man was ACTIVELY WAGING WAR against the United States. He was involved in the Fort Hood Massacre.
After his treason, Benedict Arnold was made a Brigadier General by the British and Benedict Arnold led attacks against Virginia. By your reasoning, Benedict Arnold could not be shot while commanding an attack in Virginia .... only captured and brought to trial.
Imagine al Qaeda recruiting Muslim women in Detroit to give birth to children of al Qaeda operatives, have "anchor babies" and then take those "American" babies back to the Muslim world to be brought up as terrorists. In 19 years, you would have an entire battalion that can wage war against U.S. troops without fear of air-strikes.
"We're under fire. Request an air-strike at these coordinates!"
"Denied. That is the Abraham Lincoln al Qaeda Brigade. They cannot be legally killed. Only captured and brought to trial."
But, don't worry about it.
Whatever position you take, Herman Cain agrees with you.
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Cain, May 5, 2011, Regarding the killing of al-Qaeda terrorist Anwar al-Awlaki
"He should be charged. And since he's an American citizen, he should be tried in our courts," Cain said of al-Awlaki. When asked if he considered it legal for President Obama to order al-Awlaki killed, Cain said, "In his case, no, because he's an American citizen. If he's an American citizen, which is the big difference, then he should be charged, and he should be arrested and brought to justice."
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Cain, October, 2011, Regarding the killing of al-Qaeda terrorist Anwar al-Awlaki
"Asked why he had backed off his opposition to the U.S. military's targeting Anwar Awlaki, the al Qaeda terrorist and American citizen who was killed Friday by a drone strike in Yemen, Cain denied that he had ever opposed taking out Awlaki. I never said that [President Obama] should not have ordered [the killing]. I dont recall saying that. I think youve got some misinformation," Cain said. "Keep in mind that there are a lot of people out there trying to make me sound as if I am indecisive."
Sorry, but you are just WRONG and very much so! If anyone here can agree with you that an American President can condemn an American to death is okay - well, they are just as lost as you are...
You sir are looking at the short term problem and not looking at the long term conflict that this sets up...