I guess my question why isn't spying considered treason and the spies executed. It would make spying here in the US very, very unattractive. I know we would then be putting our spies at risk also with the policy, but with all the spying done in the US (just a case last week on a bunch of chinese on the west coast selling DOD and Navy sub secrets) it should be done.
The Constitution limits treason to levying war against the U.S., or giving aid and comfort to its enemies. Spying for an enemy during wartime would certainly be treason, but Israel was not our "enemy" and we were not then at war.
I dont believe we have executed any spies since the Rosenbergs. At least during the last 20 years or so spies have not been executed in return for their cooperation detailing all the secrets they passed on and to whom. The government has usually felt it was better to know what had been compromised than to execute a spy when it would like take decades to accomplish the execution.
Which is the reason why Pollard should never see daylight again. It's a deterrent to others like him. Which is why Israel is trying so hard to get him out, because they're probably having a harder time convincing Americans to spy for them with the Pollard example hanging over the discussion
"I guess my question why isn't spying considered treason and the spies executed."
Because treason is very tightly defined in the Constitution as either making war against the United States or giving aid and comfort to their enemies. Proving those conditions is extremely difficult outside of a declared war.