Al Queda is not a foreign state.
He was not serving in forces belonging to Yemen or any other foreign state.
Al Queda is not a political subdivision, unless you consider islam a true theocracy and then we are indeed at war with islam, but this is not the declaration.
And in regards to #7, the last line is the pertinent line to this whole discussion: if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.
“Al Queda is not a foreign state.
He was not serving in forces belonging to Yemen or any other foreign state.
Al Queda is not a political subdivision,”
All of that is irrelevant. He joined an organization that officially declared war on the United States. He was directly involved with Hassan, UnderWear Bomber, Time Square Bombing attempt. He is the organizational leader of the strongest AQ affilliate group AQ in the Arabian Peninsula.
Where is the controversy again? I’d slit his throat in a second if I could.