Actually, the guy isn't a traitor yet. He is only a traitor when is convicted via due process under the Uniform Code of Military Justice.
Also, so far no one has proved that he actually intended to give the documents that were found on him to the enemy. In order for him to be a traitor he has to give aid and comfort to the enemies of the United States, simply possesing documents does not satisfay that language. At this point the only thing that we know he has done is mishandled confidential information, which could only result in a black mark on his service record, loss of grade, or it could be much more serious. It all depends on his intent and what the JAG can prove about his connections, if any, to the enemy.
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