SO here is what my questions seem to (?) be now...
1. you say you’re sure they’ll make an exception for BHusseinO if an alien can’t be convicted of treason (because he did not have a citizen’s duty of loyalty to begin with)...
1. I would be very uncomfortable with any making of an exception. The law is supposed to be followed and people (of any stripe, even commie pinko Islamacist terrorist lovers) are not supposed to be “made exceptions of” — that is how people are treated in the kinds of shitcan countries they come from. This is America, if BHO is to be convicted it must be of some law that applies to him and what he’s done.
2. I remain uncertain about the law on treason but it maybe could apply to BHO. If it does, it would likely be by this line of argument...
a. Treason, as defined by the Constitution, comprises of the following:
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. U.S. Const. art. 3 § 3”
Now then, while we could argue that some of his actions — such as the Mexican gun-running or the horrible Libyan murders incident -— comprise acts of war against the USA, it is unnecessary here because of the other clause, that... treason also includes ... “adhering to (America’s) enemies, giving them Aid and Comfort...”.
There is no problem seeing BHO’s actions as falling within the “Aid and Comfort” clause. “Aid and Comfort” means ...”an act which weakens or tends to weaken the power of the [sovereign] and of the country to resist or to attack the enemies of the [sovereign] and the country. Cramer v. United States, 325 U.S. 1, 29 (1945). It is difficult to recall a single day when BHO did not work to do this.
SO, all that leaves is the question whether an alien can be convicted of treason (the argument being that an alien owes no duty of loyalty so cannot be said to have broken one). The answer, I now believe, is YES. I believe an alien resident in America CAN be convicted of treason, after all. For, “The alien, whilst domiciled in the country, owes a local and temporary allegiance, which continues during the period of his residence. ... Carlisle v. United States, 83 U.S. 147, 154 (1872).
(Also, he could be held to his oath of office, if he really did take it .. ha... as laying the grounds for a duty of loyalty ... OR he could possibly be charged directly with violation of the oath itself, or both charges could maybe be filed?)
I will welcome any possible corrections to the above, admittedly preliminary, legal analysis. I just felt I needed to at least try to start answering the “can an alien be charted with treason” question... since I kept raising it, ha!