Quoted:
He was in Afghanistan to pursue religious beliefs, as crazy they may be, it's not a crime. He was there a long time before Sept 11.
We will have to prove he engaged our forces in battle.
That's impossible since he was fighting the Northern Alliance.
View Quote
Before Sept. 11, he was not a traitor, just a crazy.
The day we dropped our first bomb on the Taliban, our enemy, he became a traitor by continuing to associate and fight with them, thereby "levying war against the United States" and "adhering to their enemies"
At least, that is my opinion. Having said that, I did read an article saying that getting this to stick in court might be little difficult. Among the difficulties:
Congress hasn't issued a declaration of war. Another reason I wish they had done so.
He could claim he was fighting the Northern Alliance, not the US. I think the distinction is irrelevant. The courts might not.