I wonder if you, Hawk, or anyone else on the thread knows the law in these cases well enough to tell us.
I wonder if you understand the motivation and meaning that lies behind those laws that are on the books?
People have been executed for far less than what John Walker is accused of, namely being part of a terrorist organization.
As for taking up arms, what do you think he was doing?
Working in Al Quaida's kitchen staff?
Btw, I'm not saying we're going to try him for treason, or execute him. I'm merely pointing out that the law gives the authority to take such actions if we opt to.
I suggest you query USC Statute, "Espionage Act, Treason, Terrorism Penalty".
Here's a place to start:
www4.law.cornell.edu
Sec. 2381. Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
usdoj.gov
usdoj.gov
usdoj.gov
Hawk |