I have been really surprised by some of the comments. I'm guessing most have never been in combat or a combat zone. Vietnam turned into a politicians war--don't shoot unless your shot at, dump those bombs in a harmless area, ect. list goes on and on.
The guy was in a war zone, doing things against the U.S.--maybe not at the very moment he was killed--but still a traitor. He made his choice and it was a bad one. War is not fair, as any fight is not fair, if your in a fight of any kind it would be in your best interest to win no matter where you are.