The context is a discussion of Al Awalki, a US citizen not present on American soil. However, I'm happy to re-ask my question making that context more explicit:

The context is a discussion of Al Awalki, a US citizen not present on American soil. However, I'm happy to re-ask my question making that context more explicit: Is the executive then to get free reign, unrestrained by the judiciary, to declare any given US citizen currently not on American soil the proper subject of an extrajudicial killing?