Yes, I know that treason carry's the death penalty. I also know that you don't need to be in the military to be charged with treason. What I meant was that the government won't likely press for the death penalty, since he wasn't originally in the military and then defected. It would be very difficult to give him the death penalty.
you dont need to be a member of the militray to be tried for treason.
i dont think, you just need 3 witnesses
treason DOES carry the death penalty
Generally speaking, he was a low level grunt (cannon fodder, or if you prefer, canon fodder) and had no undue influence over the taliban leadership. It would be like charging a line infantryman from WW2 Germany with genocide, even though he merely fought in the hedgerows and forests. You couldn't execute him. Most constitutional lawyers would agree (or at least the ones on CNN, anyway), it is too far a stretch of the treason and sedition act. Possible, yes. Likely, no.
As for murder and helping an enemy of the state, send him to Leavenworth for a few years. That will teach him.
Intent is also something that will need to be proved. He did not join the taliban because he hated the US. He joined because of his religious zeal. He thought that his reading of the Koran and it's intent made it obligitory to fight with the taliban. He wanted to get rid of all opposers of strict Islam in Afghanistan. I am certain that at first, he didn't know that the taliban and al Quada opposed the US and wanted us to go down in flames. But, when you have been brain-washed by a cult-like group, you will support them, even unto death. So as for his acceptance of the devastation that the al Quada and it's agents pushed upon the world, it could be argued that he was brain washed.
Regardless of how you feel about him, remember this, we do not have all of the facts in this case. The US government doesn't have all of the facts in this case. So, everything is mere speculation. I am for justice. But it must truly be just and even handed, not ruled by emotion.