As Conspirators know, the only constitutional action for Congress to take if its members want the President to lead the troops as Commander-in-Chief, is to declare War. Without a declared War, the US government has been scrambling to find ways to hold and try members of al Queda and other so-called "enemy combatants". Now, the situation has reached a boiling point in the bogus "military tribunals" set up by Congress in 2006.

As Conspirators know, El G Grande has been very outspoken about the anti-Constitutional manner in which the military operations in Iraq and Afghanistan have been conducted. Without a Declaration of War by Congress, the combatants captured on the battlefield have to be tried under US Code. Since this process would mean affording the "detainees" habeas corpus hearings (as is required under the US Constitution, unless Congress universally lifts the Writ, citing a time of insurrection), the Bush Administration attempted to try them in their "Military Commissions".

On May 27, the day following Gardner Goldsmith’s controversial Memorial Day broadcast, a listener called to complain that Gard’s comments about President Bush, Senator McCain and Senator Clinton. Gard’s position is that all those politicians praising those who “fought and died for our nation” but who did not bother calling for a Declaration of War for those military operations, all those politicians who would disregard the very US Constitution for which the soldiers are supposed to be fighting—those politicians ought to be ashamed of themselves.