Mr. Alwaki was functioning as an officer, commander, and propagandist for Al Queda, an organization in a state of war with the United States. By doing so he becomes a legitimate military target.
Had he been captured, he could have been tried, convicted, and executed by the civil court system. However, while at large he is a functioning enemy of the United States and was treated as such.
End of story.
Usually once people read through and think about what the Fifth actually says they come around to the position that it was not only OK to shoot Alwaki with a cruise missile, he could have been nuked!
I'd like to see that used on the next puke.
Then the 0bummer administration just played a pointless game of finding Constitutional authority in using a secret panel to determine the legality of killing him?
Let's consider the case of Benedict Arnold.
After his plot failed, Arnold fled to British lines, was given the rank of Brigadier General and then led a British attack upon Virginia that captured Richmond.
Think of the ridiculous situation that "citizens can only be captured for trial" would result in:
Benedict Arnold is in camp. A local Virginia sniper knows a way to infiltrate close enough to the enemy camp to take a shot and kill Arnold. However, the sniper is told that he is not allowed to shoot at Arnold since Arnold cannot not be legally killed. However, the sniper can try to capture Arnold from within the enemy camp and bring him back for trial.
Arnold then stays in command of an enemy army that is waging war against Virginia.
Enemy combatants in command and control are legitimate targets of opportunity regardless of citizenship, past or present.
As defined by? Well, we say so. The same people who knew he was a moderate a few years ago.
The proof? That's secret.
Trust us.
If what you say is true, there would be a public declaration of war by the US government. Where is it?