Apparently, we will never know just how lucky we are that John Kerry didn’t make it to the White House. The Hill: 
Sen. John Kerry (D-Mass.) believes that on September 11 “we were basically at peace.”
Asked to clarify his remarks, specifically asking about the attacks on the U.S.S. Cole during Barack Obama campaign conference call, Kerry said, “well, we hadn’t declared war,” The Hill’s Sam Youngman reports.
Asked if al Qaeda was a threat at the time, the 2004 Democratic presidential nominee said, “well yes, obviously they were a threat. But, fundamentally we were not at war at that point in time.”
Kerry also called John McCain “out of step with history and facts.”
By these lights, we weren’t at in December 1941 war until the Congress acted… and all those folks at Pearl who died, really didn’t matter since they were war deaths. Here’s yet another example of over-reliance on the letter of the law. In terms of legality he’s quite correct. In the real world the guy’s so far out of touch as to be laughable… until you consider the guy is a sitting Senator.