Mike and His Comrades Possessed Fairly Strong Anti-U

Mike and his comrades possessed fairly strong anti-U.S. sentiments during wartime despite being U.S. citizens themselves. They decided they were going to engage in an act of betrayal in order to show the U.S. government that ending the war was absolutely necessary. Two individuals in his group were actually undercover FBI agents who intended to serve as two witnesses in court during their eventual prosecution for treason. One of the undercover agents is pressing for prosecution now before Mike and his group have a chance to do any damage. If the prosecution commences and subsequently fails, what is the most likely reason for its failure?

A) There was no intent to wage war against the United States.
B) There was no intent to betray the United States.
C) There was not yet an overt act of levying war against the United States or giving aid and comfort to the enemies of the United States.
D) There were no credible witnesses.