If you make a bunch of public statements on your website promoting war against the United States (or Jihad against the great Satan, or anything that means war against the United States), you are no longer a criminal, you are an enemy combatant.
Also, while making due process available is required by the 5th amendment, the person needs to avail themselves of due process, and not resist due process and force a confrontation with possible deadly consequences.
Al Awlaki could have had due process any time, if that's what he wanted. I doubt he would have been shot on site if he returned to the US and proceeded to turn himself in, provided he kept his hands up and in plain site the whole way.
Really? Now that is an interesting comment. Samir Kahn did those very things from the basement in his parents home in Charlotte, NC. We didn't do a darn thing about him.
Muslim Extremist's Web Site Stirs Mixed Emotions in Charlotte, N.C.
One of Khan’s neighbors, Ron Williams, also defended Khan’s right to free speech.
His father did. He kept protesting that a lot of this stuff wasn't true. The response? "The government chooses not to debate his status because it could compromise sources".
That's Nancy Grace justice. You trust politicians to be judge/jury/executioner? Who's naive?