MSNBC and other media outlets are reporting that the Department of Justice is contemplating treason charges against California-born Adam Gadahn, who is believed to be the English-speaking individual appearing on various Al Qaeda videos as `Azzam the American'.
His most recent appearance was last month, the first one in which he appeared un-masked. Gadahn is not believed to be in U.S. custody, so he would be charged in absentia.
According to what I was able to dig up on the Internet, trials in absentia are not permitted in the United States, although they are relatively common in other countries. In the case Crosby versus the United States, decided in 1993, Rule 43 prohibits the trial in absentia of a defendant who is not present at the beginning of trial.
Since he is not in custody, it is not clear to me the urgency for undertaking such an action now, unless it is an effort to demonstrate how President Bush is protecting us against terrorist. If so, this is a pretty feeble attempt, in my opinion.