Does is really matter? The effect is the same.
I think he is just playing a role, like most in this movie we are watch.
They probably were tried under more serious charges, like:
§ 2381 - Treason
§ 2382 - Misprision of treason
§ 2383 - Rebellion or insurrection
§ 2384 - Seditious conspiracy
§ 2385 - Advocating overthrow of Government
§ 2386 - Registration of certain organizations
§ 2387 - Activities affecting armed forces generally
§ 2388 - Activities affecting armed forces during war
§ 2389 - Recruiting for service against United States
§ 2390 - Enlistment to serve against United States
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-115