Quoted:
The Constitution of the United States, Art. III, defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort. This offence is punished with death. By the same article of the Constitution, 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.
We pretty much have to be at war for someone to be guilty of Treason in the USA. A real war, with a defined enemy.
You'll have to catch him selling arms to the Taliban to use specifically against US troops for that to happen.
it could be argued he does give aid and comfort to enemies....
but wasnt alexander burr accused of treason? and that wasnt during war time. it was after he killed hamilton and went off to the west for a while if i recall, but he wasnt found guilty due to the specifics of evidence (own confession or confession of two accomplices), i think there was something to do with judicial review vs. executive privilege in this case but cant remember exactly, it was a while ago