Meanwhile, everyone else called John a "traitor." Many are demanding that he receive the death penalty. The US government wants to throw the book at him. But there are also doubts as to whether he is legally a traitor; though technically still a US citizen, Congress hasn't declared war as prescribed by the Constitution. And there may not be the two required witnesses to confirm that he actually made war against the United States.
Contained in this paragraph are the keys to this entire event.
I was always of the belief that a formal declaration of war by congress was required for the United states to be technically "at war", but another Freeper recently put his good historical scholarship to task and presented numerous examples from the very birth of our Republic which support the argument that a formal declaration of war by congress is not needed when we are attacked, but rather, only when we proactively wage war (strike first).
I'll look for the thread and a link.