Judge Motz asked, for instance, about the broader implications of the government’s position that the United States is at war with Al Qaeda and that people affiliated with it may be subject to military detention rather than criminal prosecution. “Nations have wars against each other,” Judge Motz said. “People have quarrels or fights. Individuals can be terrorists. Individuals don’t make war.”

Finally, a stricter notion of war is taking hold on this side of the ocean:
Judge Motz asked, for instance, about the broader implications of the government’s position that the United States is at war with Al Qaeda and that people affiliated with it may be subject to military detention rather than criminal prosecution. “Nations have wars against each other,” Judge Motz said. “People have quarrels or fights. Individuals can be terrorists. Individuals don’t make war.”