If the person is on US soil, then its a federal or local law enforcement issue. The military is barred by federal law from being used on U.S. soil for domestic law enforcement. If it was Canada or Mexico, they would have extradited him to the US and there would have been a trial. You are getting all paranoid trying to rap your head around this issue. He might have been a US citizen, but he join a foreign military/terrorist organization and lead/planned attacks on US citizens and other countries. He did not refute this, so in my mind he is fair game if he gets hit in an air strike again a terrorist safe house. Don't forget that they got a couple other terrorist at the same time.