Given that argument from the defense, his action constitutes Treason. It also makes the incident one of unlawful enemy combat action against US military personnel and their families.
He’s going to use the court “stage” to make his speeches...and call it his defense.
This is a standard Islamic Brotherhood tactic they are taught to do if caught and going thru our courts....it makes the nation “pay” further and they delight in watching the show. They learn and teach from these.