Treason is defined as giving aid and comfort to the enemy in time of war.There was never any declaration of war. Therefore, there was no war. So Jane couldn't have comitted treason, no matter what she did.
The adminstration should have thought of that before they decided to fight an undeclared (and therefore probably illegal, ab initio) "war."
That's as good an explanation as I can come up with, anyhow.
Peter.