Yes, crimes committed in or against the United States can be prosecuted against anyone except a diplomat who has immunity. Espionage, i.e., stealing confidential information or gathering information for use by a hostile power, is a crime under the US Code. I haven’t looked it up, so I can’t quote the specifics of what conduct is illegal, but we have prosecuted lots of spies over the decades. Soviet embassy staff couldn’t be prosecuted but spies in the US or elsewhere in the world who illegally obtained information could theoretically be prosecuted if they were caught and extradited. If they were uniformed soldiers acting in combat, that’s a whole different issue, to which the Geneva Convention applies.
I should add that there are situations where the act of a spy who is acting on behalf of his government could be considered an Act of State, in which case it has to be dealt with on a government to government basis. We can’t make criminal the conduct of a government, we can only go to war or issue sanctions or send back their ambassador, etc.
I believe “the plan” has already taken into account that the left will try and get out of being charged with treason in a civilian VS non civilian military court.
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Supreme Court Rulings
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11 Nov 2018 - 2:39:52 PM
[Placeholder - SC rulings re: challenges re: Civ Non_Civ]
[Placeholder - SC rulings re: USA v Def appeals]
Graham questions kavanaugh about military tribunals
Feinstein questions judge Collins about military tribunals
https://m.youtube.com/watch?v=aB6LxaqVMx0