That begs the question as to why we don’t declare war anymore.
We have not declared war on anyone since World War 2.
So, officially we have not fought any wars, so legally, there would be issues without a legal declaration of war.
I have to refresh my memory of John Walker Lindh. He’s in prison now for fighting with the Taliban. But don’t know what the charges against him were. Since we weren’t officially legally at war in Afghanistan, I’m thinking the charges against him would not have been treason.
Do we have to declare war when our enemies have declared it on us?