And herein lies the beauty of the war on terror, drugs, internet piracy, etc. You (the gov'nt) don't have to define who the enemy are, what actually constitutes an act of combat, or how we know the war has come to an end.
Read the Patriot Act. Read the rules of engagement for taking out U.S. citizens. It would not take a stretch of Eric Holder's imagination to think that downloading the Wikileaks file constitutes an act of aggression against the U.S.
http://en.wikipedia.org/wiki/Patriot_Act
http://reason.com/blog/2013/02/04/someone-just-leaked-obamas...
Of course it's a tragedy if a citizen is killed in time of war if it turns out they were not actually engaged in combat alongside the enemy, but war is tragic in general.