1. He was not fighting any identifiable Americans and because of remote localation could hae been completely unaware of Americans involvement, the bombardments aside, did they ever fly low enough to clearly identify the planes as American. He was captured and imprisioned by the Northern Alliance and not until interogated by Americans was he aware of Americas involvement.
2. Was his belonging to an organization clearly hostile to America illegal? On the face of it no. Membership in the KKK or Democratic Party is not illegal in and of itself.
3. He is guilty of conspiracy by being in the hearing of others discussing attacks against America. The conspiracy laws in this country are so vague that he will be found guilty of conspiracy.
my 2 cents
thanx,
bill