War is no place for logic

I find this claim very strange, even for Krauthammer:

>But no matter. Logic has little place here. The court has decreed: There is no war — or we will pretend so — and henceforth it shall be conducted by the court. God save the United States. (This honorable court can fend for itself.) [emphasis added]

Here is the reason I find it strange:

>They declared illegal President Bush’s military tribunals for the likes of Salim Ahmed Hamdan, Osama bin Laden’s driver and bodyguard. First, because they were not established in accordance with congressional authority. And, second, because they violated the Geneva Conventions.

Is it a war or not?

Here’s the answer–yes and no. Yes when Krauthammer wants it to be, no when he doesn’t. But you can’t have it both ways. In this case, it’s a contradiction.

If it’s a war, then the Geneva conventions apply. If it’s a war, then people we capture are “prisoners of war” and should be treated accordingly (if unlike the crazy John Yoo we want to abide by the Geneva Conventions). Also if it’s a war, then Congress declares it.

If it’s not a war, then the people we capture are prisoners of another kind.

These are not the same thing.