Not in awhile. Thanks for the link.
I don't think anyone is really questioning the evidence against Awlaki, more the process in which we deprive a citizen of their rights and protections.
I think the first two point ARE within the courts purview because it relates to evidence; is he affiliated with AQAP? Are they linked? The answer likely being yes and easily provable. The third is he an imminent threat? Is that the question? Do we "convict" on what he might do or do we convict on the basis of what he did do? I think it's pretty clear on what he did do so he can be "convicted" based on the evidence. I definitely don't want to be giving power to one branch of government based on what he might do.
I think the author overstates that it was a "major victory" in setting policy because that isn't the question. The executive can set the policy but they can't act as all three branches in carrying it out.