How was I being condescending? I was simply explaining the important difference between the criminal justice system, which exists to maintain internal order and the security of individuals, and the military, which exists to protect the nation from foreign threats.

Al Awalki was in a foreign country--where U.S. criminal laws presumptively do not apply--organizing armed action by foreigners against the United States. It's an archetypal act of war, rather than a crime.