But at a different time.
After the fact is the wrong time for them to get involved.
Develop guidance that is simple, flexible and legally justifiable. Issue that to DoD and then get out of the way. The key point being that the guidance is based upon Commander's discretion. The amount of force used will indicate the rank required.

the targeting of HVTs is a key component of what we are doing, but I think that it is too much of a focus for the SPECOPS community. We have guardsmen doing FID and SF (some, not all) sitting on a large FOB waiting to do a basic infantry raid.
We all talk about the huge success killing Al Zarqawi but that really didn't change the over all scope of Iraq. (Despite the DFC awarded to the pilot who dropped the bomb)
Bombing civilians co-located, night time door kicking raids, and Hellfires in the middle of Pakistan carry a lot of STRATCOM/IO risks that most of what we call "HVTs" don't warrant in my opinion.
But, that isn't my decision. It isn't DoD's decision. It is rightfully the President and his lawyers to develop the guidance BEFORE the fact. After that guidance is in place, commander's are held accountable to that guidance.
But the second guessing after the fact and incessant law-fair is failing our troops and our security.