American al Qaeda Charged with Treason
American Taliban spokesmanAdam Yahiye Gadahn has been indicted for treason.
American al Qaeda spokesman Adam Yahiye Gadahn has been indicted on treason charges, U.S. Deputy Attorney General Paul McNulty said Wednesday. The 28-year-old California native who has appeared in five al Qaeda videos is also charged with offering material support for terrorism, McNulty said.
Nicknamed “Azzam the American,” Gadahn is not in U.S. custody and McNulty said he is believed to be living overseas.
McNulty said he believes that Gadahn has been involved in issuing propaganda but not in carrying out any terrorist attacks. ( Watch: How Gadahn came to be indicted for al Qaeda ties — 1:59 Video )
Gadahn has appeared in several al Qaeda messages speaking English and appealing to Americans. In a recording released in September, he called for the world to convert to Islam, and in a videotape posted on the Internet, he hailed the 9/11 hijackers. “All the brothers who took part in the raids on America were dedicated, strong-willed, highly motivated individuals with a burning concern for Islam and Muslims, and they had to be chosen for such a difficult mission. They were definitely not failures looking for a way out,” he said in the video.
While the word “treason” is grossly overused by pundits like Ann Coulter, this is a textbook case.
Article III, Section 3 of the U.S. Constitution defines the term incredibly narrowly to avoid its abuse by politicians:
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.
Given that Gadahn is working for a group that has declared war against the United States, perpetrated acts of war against the United States, and has himself made videos calling for war against the United States, this would seem to be a rather simple case–presuming he can actually be arrested and brought home for trial.
FindLaw has an excellent discussion (as always) of the case law surrounding this section.