A war is not an essential requirement for invocation of AEA. Read the statute.
(The steel-man for your case would be on TdA being tied to a foreign government, not that it is not a war--an invasion or predatory incursion is enough. We will soon see how SCOTUS rules on that.)
(The steel-man for your case would be on TdA being tied to a foreign government, not that it is not a war--an invasion or predatory incursion is enough. We will soon see how SCOTUS rules on that.)