perfidy

John Walker Lindh and Jose Padilla committed acts, they didn't just say stuff, and their actions certainly open the door to a possible treason charge. It's up to the prosecutors and Grand Jury whether or not they want to charge them with treason.

It can be very difficult, though, to determine when treason is an appropriate charge. The first step is an act. Then there's intent. Was the act intended to overthrow the state or give aid and comfort to enemies in time of war? It's something that has to be taken on a case by case basis. In my view, the actions of Timothy McVeigh fall under treason because they were designed to overthrow the United States government.

A treason charge is not to be administered lightly. At most, I can say that Padilla and Lindh could maybe be charged with treason on the basis of actions, and Lindh could fall under the aid and comfort category, but I don't know enough about either to say for certain.