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It doesn't matter what I believe - it is up to a prosecutor to prove those elements of the crime beyond a reasonable doubt (and for treason itself, that includes 2 eyewitnesses or confession in open court).

Which is no doubt why we don't see any prosecutors jumping up ready to indict someone for peacefully protesting a war that is unpopular in some camps.

Perhaps the prosecutions are not going to be for "peacefully protesting a war that is unpopular in some camps" - if more of this continues (especially in Red States, there will be prosecutions) - unfortunately, as the article pointed out, it is nearly impossible to gauge how concerted counter-recruiting efforts have affected military recruiting, if at all, said S. Douglas Smith, a spokesman for Army Recruiting Command at Fort Knox, Ky.: "There's been a good bit of activity this year," Mr. Smith said of the counter-recruiting efforts. "But in terms of impact, it's very hard to say." In this fiscal year, the Army hopes to recruit more than 105,000 active-duty and reserve soldiers by next fall. As of the end of November, Mr. Smith said, the Army was slightly ahead of its year-to-date goals. So, we shall see.