John Walker Lindh, should have been convicted of treason - being a confessed and battlefield captured member of the Taliban and Al Qaeda.
The law pertaining to treason states:
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
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