Purple wrote:By declaring war on those who belong to groups associated with that ideology.
Not at all easy to do. For instance, the State Department's list of terrorist organizations is continually evolving. Would you declare war on "whoever the Sec'y of State determines, from time to time, to be a group associated with the ideology of al Qaeda"? For that matter, al Qaeda itself evolves (and other groups dissolve and reform under new names). Can you really define their ideology?[/quote]
Can you?
If you want us to roleplay a la Avalon Hill, "Now YOU Play the President!" Okay, fine.
You can start with groups that advocate and/or facilitate terror based on a jihadist worldview.
Even more troublesome: can you define their ideology without including in your declaration a whole raft of quasi-Islamist institutions? Would you declare war on the Muslim Brotherhood and the scores of institutions all over associated with it? How about on the entire religious structure of Saudi Arabia - all those Wahabbi - the doctrinal foundation of al Qaeda's fundamentalism?
If they advocate and/or facilitate terror based on a jihadist worldview, they have declared war on the United States--as AQ did. All we really had to do was just take them at their word, as we did with the Barbary Pirates.
Having a job and a family, I am not willing to draft the hundreds of pages that would be necessary to codify what you want. As they say, "Lo siento."
You think this DoW would solve the POW problem. It would not. Say we take a prisoner in Afghanistan under the suspicion or assumption that he's a "member" of the Taliban. He wears no uniform and carries no membership card. We presumably have some evidence of some sort to fuel our belief, but how much evidence is enough? You are once again in a quasi-judicial situation, like it or not. In a "regular" war like WWII such uncertain situations do arise, I imagine, but not frequently. In the war on terror it would be more the rule than the exception.
But, no one would then dispute a military tribunal is the proper venue.
George W. and Barack H. have muddled through relying on a series of executive orders, a few court cases, some loosely-worded legislation, and the patience of a world that in general has no more liking of Islamicist terrorists than you. It's been ugly, but I really don't think any legalistic formality such as you wish for would do much to neaten things up, and the effort could open up lots of new cans of worms.
So, we should just relax and learn to live with the sovereign President? He declares an American citizen a "terrorist" and kills him via drone with no review? Who determines the limits of that? Are there none? Is the next drone heading for Massachusetts, Oregon, or New Mexico?
IN LATE NEWS:WASHINGTON (AP) - Two U.S. attorneys will lead a pair of criminal investigations already under way into possible unauthorized disclosures of classified information within the executive and legislative branches of government, Attorney General Eric Holder said Friday.
The announcement of the appointments followed President Barack Obama's denial that the White House had deliberately leaked classified national security information that was flattering to him in this election year, calling such allegations "offensive" and "wrong." He promised investigations into the source of leaks about U.S. involvement in cyber-attacks on Iran and drone strikes on suspected terrorists.
source: http://apnews.myway.com/article/20120609/D9V9ADPO1.html
I really don't care who gets the credit. What has been going on is wrong and needs to be stopped. As Feinstein has said (paraphrasing): we will not get anyone's cooperation around the world if they know we can't keep a secret. That's what's been going on and it is a national security threat, contra freeman2.