If our Congress Critters would actually make a formal declaration of war it would be treason. Without it treason would be a difficult charge to prove. WW II was the last time we had a declared war. The Korean War, Viet Nam War and now the Iraqi War were undeclared – and treason was rampant and not prosecuted.
Only Congress can identify the "enemies of the United States", and for very good reason.
There's three choices, as I see it.
You and Jim Robinson are arrested for treason by AG Gorelick, and charged with giving aid and comfort to Free Republic, an enemy of the United States.
Your defense is that FR is NOT an enemy of the United States.
Who has the right to decide?
A) Commander-in-Chief HRC?
B) DC jury?
C) The people of the United States through their representatives in Congress assembled?