I looked at the UCMJ. He can be tried for murder, which carries the death penalty.
Treason, I should think, would be out because he did not ***directly*** aid the enemy. (Constitutionally, treason is defined as giving aid and comfort to the enemy. I found nothing different on the UCMJ.)
But there are a slew of lesser charges too -- such as assaulting or willfully disobeying superior command. (that too, during time of war, can carry the death penalty.)
Exactly so.
Treason is extremly difficult to prove. Murder is much simpler.
And the Army is playing it smart. Their case will not even MENTION that he is Muslim. When it goes to appellate review, the defense will have one HELL of a time convincing anyone that the case was motivated by anti-Muslim prejudice.