On October 11, 2006, the Department of Justice indicted Adam Gadahn on charges of treason and providing material support to a designated foreign terrorist organization. Because Gadahn's alleged crimes consist solely of participating in propaganda videos, his case strongly resembles the last wave of treason prosecutions of American civilians, many of which involved citizens who served as propagandists for Germany and Japan during World War II. In those prosecutions, the government employed an "aid and comfort" theory of treason; today, that theory raises First Amendment problems. Instead, the government should prosecute Gadahn under the "levying war" prong of the Treason Clause on the basis of his participation in a campaign of psychological warfare against the United States.

Kristen Eichensehr, Treason’s Return, 110 Yale Law Journal Pocket Part, 229 (2007).
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