Methinks that, given the outrage that will follow any decision not to prosecute for treason, the Justice Department would not hesitate to go for treason _if they thought they had a chance of winning_.
The fact that they are reportedly considering not proceeding means they are NOT confident any Al Qaeda / Taliban fighters will speak out .. or that they have doubts about their credibility if they do.
It is unfortunate, IMHO, but I think it would be better to try him on a lesser, WINNABLE, charge and then expel him at the end of his sentence.
Mind you, I'm not a US citizen, so I can not feel as deeply as you guys do on this one.
Regards
Sadim.
You got that right!