I think this would be a great idea and I'm shocked why it hasn't been mentioned before.
"Any legislation should acknowledge again and explicitly that this nation remains engaged in an armed conflict with al Qaeda, the Taliban and associated organizations, who have already proclaimed themselves at war with us," Mukasey said in a speech to the American Enterprise Institute.
I mean they have already declared war against us and provided a Casus Beli by destroying our buildings on 9/11. I guess we didn't do it because they are not an actual nation but a multi-national group. However the Constitution doesn't differentiate between declaring war on an organization rather than a nation but it would be without precedent.
This would solve the enemy combatant issue by making them POWs and allow us to try them by military tribunal. I mean they were seized on a battlefield during a war so they should be considered POWs.
Plus we would have to abide by the Geneva Convention and they should as well if they happen to capture our people. Of course Al-Quida are animals who beheads our people while we will try them under enemy combatant status. This action will formalize the War on Terror as an actual War Against Al-Quida, the Taliban, and its surrogates.
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