Nicknamed "Azzam the American," Gadahn is not in U.S. custody and is
believed to be living in Pakistan, McNulty said.

McNulty said he believes that Gadahn has been involved in issuing
propaganda but not in carrying out any terrorist attacks. (Watch how
Gadahn came to be indicted for al Qaeda ties -- 1:59 )

If apprehended and convicted, Gadahn could face the death penalty.

...
So much for free speech, liberty and truth ...