To me the only issue is whether OBL surrendered to the SEAL team or not. The fact that seems to get lost in the lawfare is that the US and Al Qaeda are at war. All this talk about arrest and trial misses that point. In war, you have no obligation to arrest your enemy and bring him to court; you're expected simply to destroy him... unless, he surrenders. In that case he becomes a prisoner and is generally protected from legal proceedings, other than those for violation of the law of war.
I don't think OBL likely had a chance to surrender, as the SEALs probably shot him before they believed he could set off a suicide bomb. And the SEALs had no obligation to give him an opportunity to surrender, all that matter is whether he in fact did surrender.
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