Damn you and your internal quote response.
Internal affairs is
outside of the police force?
![Roll Eyes (Sarcastic)](images/smilies/rolleyes.png)
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.