Sure, Awlaki's son, innocent, wrong place at the wrong time - just happened to be cruising the town with known terrorists when a missile landed in their laps. Don't hang around with Al Qaeda and the likes and you'll have a better chance of avoiding incoming missiles.
If I die tomorrow, I'd be alright, Because I believe, That after we're gone, The spirit carries on. I used to be frightened of dying, I used to think death was the end, But that was before, I'm not scared anymore, I know that my soul will transcend - Dream Theater
Internal affairs is outside of the police force? That'd be like saying the Justice Dept, led by Eric Holder, is outside the executive branch.
To address the Judicial role, specifically as I see it being involved in this case-- I would say if the law enacted by Congress, ( the kill terrorist law, whatever) granted some unfettered power to the CIC,-- then the law is absolutely reviewable for being unconstitutionally vague; that's the tort, that the law failed, not how the executive branch failed to consult the Judicial Branch.
The idea that the Judicial branch should assist in, or dictate how a law is carried into execution is blatantly in violation of the separation of powers.
The process did not grant him what he was due. If they can expend all of that time and energy they can certainly craft another method of handling the Awlakis of the world without tossing out the Constitution.