Fine. Then charge him with treason and produce the two witnesses required by the Constitution. The "trumped up" charges are nonsense which have been invented to circumvent the clear requirements of the Constitution. Lindh is a prisoner of war who was capured after we declared war on the Al Qaeda and later the Taliban.
There appears to be no mechanism for establishing a legal duty for Lindh to refrain from fighting with the Taliban against the Northern Alliance prior to our declaration of war against the Taliban and there may be a lack of evidence that he fought against the US after that time.
Actually he was fighting a war out of uniform. When he attempted to surrender they should have blown his head off. If they thought he had any information, they should have tortured it out of him, THEN blown his head off. End of story.