Simply your opinion. The SCOTUS dismissed the enemy combatant arguement when Bush tried it. They did not argue that this was only valid because someone was in custody. They ruled that citizens do not lose their protections simply because they are deemed as an enemy combatant.Were he not an enemy combatant, in a hostile foreign war zone, but rather within US custody somewhere, then the "due process" is different. But he wasn't, so he was properly targeted, and killed. It was not only "due process", but it was a process very much due to him.