Sorry; I did not mean and did not accuse you of being unpatriotic and not caring about the live of American servicemen.
I was merely pointing out to you that your legal technicality would be a distinction without a difference had there been a nuclear exchange with the USSR
https://en.wikipedia.org/wiki/Julius_and_Ethel_Rosenberg
“.... On March 29, 1951, the Rosenbergs were convicted of espionage. They were sentenced to death on April 5 by Judge Kaufman under Section 2 of the Espionage Act of 1917, 50 U.S. Code 32 (now 18 U.S. Code 794), which prohibits transmitting or attempting to transmit to a foreign government information “relating to the national defense.”[29] …”
Something they richly deserved! Main gripe for me about application of consequences for those convicted under the Espionage Act is it's so unevenly applied! (Though I do understand why in some cases!)
Now regarding convictions for treason against the US
1. Philip Vigol and John Mitchell, convicted of treason and sentenced to hanging; pardoned by George Washington; see Whiskey Rebellion.
2. John Fries, the leader of Fries’ Rebellion, convicted of treason in 1800 along with two accomplices, and pardoned that same year by John Adams.
3. Governor Thomas Dorr 1844, convicted of treason against the state of Rhode Island; see Dorr Rebellion; released in 1845; civil rights restored in 1851; verdict annulled in 1854.
4. John Brown, convicted of treason against the Commonwealth of Virginia in 1859 and executed for attempting to organize armed resistance to slavery.
5. Aaron Dwight Stevens, took part in John Brown's raid and was executed in 1860 for treason against Virginia.
6. William Bruce Mumford, convicted of treason and hanged in 1862 for tearing down a United States flag during the American Civil War.
7. Walter Allen was convicted of treason on September 16, 1922 for taking part in the 1921 Miner's March with the coal companies and the US Army on Blair Mountain, West Virginia. He was sentenced to 10 years and fined. During his appeal to the Supreme Court he disappeared while out on bail. United Mineworkers of America leader William Blizzard was acquitted of the charge of treason by the jury on May 25, 1922.
8. Martin James Monti, United States Army Air Forces pilot, convicted of treason for defecting to the Waffen SS in 1944. He was paroled in 1960.
9. Robert Henry Best, convicted of treason on April 16, 1948 and served a life sentence.
10. Iva Toguri D’Aquino, who is frequently identified by the name “Tokyo Rose”, convicted 1949. Subsequently, pardoned by President Gerald Ford.
11. Mildred Gillars, also known as “Axis Sally”, convicted of treason on March 8, 1949; served 12 years of a 10- to 30-year prison sentence. ( I actually thought Axis Sally was a Brit!)
12. Tomoya Kawakita, sentenced to death for treason in 1952, but eventually released by President John F. Kennedy to be deported to Japan.
As you can see the USA has always been uneasy about convictions for treason. The Founding Fathers made such a charge very hard to make a case for. George Washington & John Adams were obviously very tolerant. (Again the Founding Fathers had their English & European history to teach them that treason is way too easy a charge to make to someone or some idea you don't like!)
Also treason against a particular state (3, 4 & 5) now is a dead issue. (Maybe it shouldn't be if the states retain any sovereignty!)
Looking at 3, 6 & 7 they clearly were miscarriages of justice! (and a object lesson as to why you should not throw the treason charge around willy-nilly like some do on this site!) And we have been amazingly tolerant to those that clearly deserved it like 8 & 9. One could argue I guess that 11 & 12 were miscarriages also, I don't know the details. Extenuating circumstances might come into play.
Again we are a remarkably tolerant nation. And we can't thank the Founding Fathers enough for that!