Declan McCullagh wrote:
How can it possibly be treason if there was no declaration of war?
If you give "aid" to the "enemies" of the U.S., that would qualify as treason even absent a declaration of war, in my opinion. [...]
"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. [...]"
"Enemies" are discussed in juxtaposition to "levying War against [the United States]". This implies that "Enemies" of the United States are those with whom the U.S. is at war. Since the Constitution gives Congress the sole power to declare war, I conclude that "Enemies" in this context can only be those entities on whom Congress has declared war.
"No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."
This also precludes conviction of Hawash, as there was no overt act, only a claim that his intentions in travelling were to later commit such an act.