Former federal prosecutor Victoria Toensing makes a case that the "American Taliban" John Walker Lindh should be charged with and tried for treason.

Although he was carrying grenades and rifles when captured, it matters not whether Walker ever shot an American or even discharged a weapon. Nor does it matter whether Congress declared war. It is constitutionally sufficient that there is a military conflict where the United States is involved. "[I]f a body of men be actually assembled, for the purpose of effecting by force a treasonable purpose" then any act by the accused, however "minute" or "remote" is treason, according to Chief Justice John Marshall almost 200 years ago.

Lindh should have been charged with treason from the start. He should be given a fair trial and then promptly hanged.