It’s a hard call without really knowing what Mr. Walker was up to and why. There is little doubt in my mind that he should be tried for Treason; whether or not he is convicted, whether or not there were extenuating circumstances is a matter for the courts to decide. The fact that he was found where he was found is rather damning evidence but is not “beyond the shadow of a reasonable doubt”.
What should be done with him if he is found guilty? That again is a matter for the courts. We don’t know what he actually did so how can we decide his fate from in front of our comfortable computer screens? For all we know he could have been dragged along by events and lain cowering in the basement wondering at his own idiocy. Or perhaps he went to fight with the Taliban against the Northern Alliance never imagining he could end up fighting his own country. After all, on September 10th how many of us would have considered US forces in Afghanistan as even the remotest possibility? If that were the case he is a soldier of fortune who got caught up in the wrong war at the wrong time. A few years in prison and a slap on the wrist would suffice.
Of course as Glenn Reynolds has suggested a number of times, we could take it as given he has chosen to give up his US Citizenship. We could leave him to the tender mercies of his chosen enemies, the Northern Alliance. An article about his interrogation in Ananova seems to indicate the CIA men were thinking along these lines just before “the balloon went up”:
On the tape, Walker is seen being brought to the two CIA men for interrogation. Spann is then seen saying to his colleague: “I explained to him what the deal is” and then tells Walker: “It’s up to you.” Dave then says: “The problem is, he’s got to decide if he wants to live or die. If he wants to die, he’s going to die here. “Or he’s going to f****** spend the rest of his short f****** life in prison. It’s his decision, man. We can only help the guys who want to talk to us. We can only get the Red Cross to help so many guys.
If he was there specifically to fight against America, there are no options. He should be put away for a very long time. And if he was actively assisting the al Qaeda… well that is another kettle of sharks entirely. He would, and should, face the death penalty.
Fortunately we have the right President for it.
