What do you think the odds are that we'll find two witnesses willing to testify in a US court that this fellow committed an act of treason against the United States, namely "levying War against them, or in adhering to their Enemies, giving them Aid and Comfort?"
I mean, what defines "adhering?" What defines "levying War?"
He was either with the Taliban defending Kunduz or he was not.
If he was, every Taliban fighter taken prisoner along with him that day is a witness. As I recall there were hundreds.
He further took part in the prison uprising and retired to the lower level of the prison to hold out. All the acts of an active fighter.
You want video and a signed confession?