The time in question in the criminal case will be the time of committing the act, not the time of the trial.
Iva Ikuko Toguri D'aquino v. United States, 192 F.2d 338 (9th Cir. 1951)
the record discloses that at the time of the commission of overt act No. 6, of which appellant was found guilty, she was unquestionably a citizen of the United States. She was born and educated in the United States and a few months prior to the outbreak of the war with Japan she had gone to Japan for the purpose of studying medicine.
Allegiance to the US is a prerequisite to being charged with treason.
18 U.S. Code S: 2381 - Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.Citizenship is not the only form of "owing allegiance," although it comprises the vast majority of those owing allegiance.
ThanQ, kind sir.
mark