The first part of the problem is that he would need to show that we are not currently at war with Iran!!! To do this, he will need to appeal to something, and of course in so doing will have to explain how one can know in america if america is at war with any given nation at any given time.
We all know that the United States Of America has not declared war since Ronald Reagan got divorced! Thus, only those who have an actual need to know, will at any given instance actually know!!! Given the current administration's opposition to knowing, then even those who should know, will intentionally not know, and if they do know, they will only know as much as is required to plea bargain against which ever charge is the current charge they are being detained upon.; or in the case of special detention, the charge which they have not been charged with, and would be informed was the reason for their detention, were it not a violation of the state secrets for safety act!!!
Thus, all true patriotically corrector than thou americans KNOW that we have always been at war with Iran, until such time as the current administration actually takes a position that formally declares that we are not actually at war with Iran. Since clearly all TRUE AMERICANS know that we must stop the Iranian Flying Saucers, before they return to do to us what they did on 09/11!!!
There can be no other recourse that is not a blatantly disgusting stab our troops in the back attack on america and americanism in the post-911 world!!!