he probably would not have qualified for a treason charge for the same reason kerry didn't when he did the N vietnam thing.
we have generally accepted that treason can not take place outside of a declared war. the constitution is not entirely clean on this:
Article 3 section 3
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. 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.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
courts have generally only upheld the charge of treason in declared wars.
kerry might have been a squeaker. we were fighting, and the case might have been made, but no one thought to do it.