Adam Gadahn to be Charged With Treason?

Now this is interesting. Adam Gadahn, aka Azzam the American, may be charged with treason, which may be the first time an American has been charged with that crime since committing acts in World War II (that would appear to be Tomoya Kawakita, a Japanese-American sentenced to death in 1952 for tormenting American prisoners of war during World War II; the Rosenbergs were tried under the Espionage Act, not for treason).

Here is the crime, as set forth in the US Constitution (the only such crime mentioned in the Constitution):

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Many have speculated in the past on whether someone would be tried for treason for their activities relating to al Qaeda, and it appears that Gadahn will be the first. However, unless he's captured, this will be a trial in absentia.

Hot Air has more.

UPDATE:
The indictment is expected later this afternoon in Los Angeles and will be announced at 4 p.m. ET in Washington by the Justice Department.

Others weighing in on this news: Pajamas Media, Right Voices.

UPDATE:
Is the case of Ezra Pound a similar situation to the current situation with Gadahn? It involved Ezra Pound's broadcasts for the Italians during World War II. The US declined to prosecute on grounds of the difficulty in finding the witnesses necessary to convict for treason, though some sources indicate that Pound was mentally unfit to stand trial.

We still have to deal with the fact that Gadahn isn't in US custody, and US law seriously frowns on such trials. Indeed, from what I've gathered thus far, it would not be allowed, especially in a capital crime such as treason as violative of the US Constitution.

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