If the question is politics: we're nearing 100k Yemeni civilians dead, they won't say no, and won't have the choice anyway.
Air superiority, or even air supremacy, doesn't make putting feet on the ground safe.
If you don't want that tradeoff, then don't say an oath that requires you to put your life on the line defending the constitution.
No, taking unnecessary risks to do things that aren't legally required for enemies in war is kind of the opposite of the point of being a soldier.
> If you don't want that tradeoff, then don't say an oath that requires you to put your life on the line defending the constitution
The Constitution doesn't require the government to take any special restraint in war when someone fighting on the other side is a US citizen.
There may be a good argument that the law ought to given the realities of modern war, sure. And that's a debate we should have.
That only would seem to follow if the argument was that we couldn't get him by a drone strike, which obviously is not the argument, as drone strikes don't really do a good job of hauling people before a court.