[KC Burke]

What you cite is certainly something to look at but by that same analysis of what you attempt to apply, acts or events of war on our soil would be "crimes" and that was certainly not the intention. These weren't common law, civil or statute crimes committed but acts of war, war-crimes and acts of terrrorism and sabotauge.

If Osama kills in waging war on our nation do we send the FBI and NY Police after him? No, we wage War.

[LSJohn]

These weren't common law, civil or statute crimes committed but acts of war, war-crimes and acts of terrrorism and sabotauge.

Do we treat drug-law offenders the same way? We have an alleged "War on Drugs."

Under what conditions can we legitimately say we are at war? Does Congress have any say? If we don't formally declare war, do we allow the Executive Branch to apply wartime rules when it's convenient, and ignore them when not?

It's our responsibility to hold our leaders to some degree of consistency and adherence to the rule of law. The Constitution is quite explicit as to what must happen before we are at War.