And I think i have the right to believe , with all the information available to me, that he is a traitor to the state, in that he was working with a foreign intelligence agency.
But , whether the CIA approached him by a third party, and he got fooled, that could be the hurdle then, and he could be pardoned in that case, but if the CIA told him about their own self and tellling him to make a fake drive, that does warrant a penalty. I am sure though, that he would not have known that the CIA would have conducted an op or OBL was living there.