TREASONOUS SPEECH IN SUPPORT OF ENEMY POWERS: Tom Bell has thoughts on the Gadahn indictment:

A treason charge in the War on Terror? Who would have thought of that? Well, um, I would have. Indeed, I wrote a law review article on the topic: Treason, Technology, and Freedom of Expression, 37 Ariz. St. L. J. 999 (2005) [PDF] (that link offers a late draft of the paper, which I plan to soon replace with the published version). As I said there, “Courts have already held that an American employed as an enemy propagandist may justly suffer prosecution for treason. Any American employed as a propagandist by the al-Qaeda terrorist network would doubtless risk the same fate.” Id. at 1004.

I must admit, though, that I did not expect U.S. officials to finger an actual agent of al-Quaeda.

As usual, Bell is farther ahead of the curve than even he knows. Some further thoughts on the subject from Eugene Volokh.