The Meaning of Treason

NY Sun ^ | 6-6-14 | Editorial

[afraidfortherepublic]

The report on Fox News that Sergeant Bergdahl at one point during his captivity declared himself a “mujahid,” or warrior for Islam, and may even have been allowed to carry a weapon puts at a premium an understanding of treason. Sergeant Bergdahl hasn’t been accused of treason and would be considered innocent until proven otherwise. The burden is always and only on the accusers. But all the more reason to understand what treason is and why it is so special under American law.

Treason is the only crime the Constitution pre-empts Congress from defining. It’s also the only crime to which such authorities as the police and the FBI mayn’t take a confession. It is the only crime of which the judicial branch is barred from convicting someone through the normal rules of due process. Treason is special, made so because of abuse by the English kings. And it has often been tested in our courts in ways that guide our thinking in the current crisis.

[Diogenesis]

Article III, Section 3, Paragraph 1, of the Constitution of the United States:
"Treason against the United States, shall consist only in levying War against them,
or, in adhering to their Enemies, giving them aid and comfort."

The "aid and comfort" prong of treason has been interpreted
by SCOTUS as requiring proof of four elements:
1. an intent to betray the United States (which can be inferred from);
2. an overt act;
3. witnessed by two people; and
4. that provides aid and comfort to an enemy of the United States.

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"What difference does it make?"

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"A nation can survive its fools, and even the ambitious.
But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly.
But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself.
For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men.
He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist.
A murderer is less to be feared."
-- Marcus Tullius Cicero

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"Freedom is never more than one generation away from extinction.
We didn't pass it to our children in the bloodstream.
It must be fought for, protected, and handed on for them to do the same,
or one day we will spend our sunset years telling our children
and our children's children what it was once like in the United States where men were free."
President Ronald Reagan

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[mountainlion]

So what is the status of John Aid and Abet Kerry? Can a pResident like Carter erase treason?

[elcid1970]

Watch for someone in the WH to ask, “So why do you assume that to convert to Islam is somehow treasonous? Isn’t that insulting to millions patriotic all-American Muslims?

[SandRat]

Ever hear of Benedict Arnold?

Sorry, American indoctrination Schools probably don't teach about him any more.

[mountainlion]

My 41st Great Grandfather battled the Muslims and won 16 out of 17 times. Later Crusaders battled them also. The Patriotic muslims have not stated their position nor pledged their allegiance to America. Why can I not trust the all of a sudden?

[stevie_d_64]

Now hang on a second...B.A. was probably only a semi-bad guy...Maybe even misunderstood...;-)

[Cboldt]

-- Can a pResident like Carter erase treason? --

As a matter of law, yes. The president has unlimited and unilateral pardon power.

[elcid1970]

You can’t. A true Muslim is loyal to the Ummah & to Shariah, not to any nation nor the laws of men (the `divine Koran’ was written by Mohammed but never mind).

A true Muslim is in America but can never be of it, their loud protestations to the contrary.

Muslims believe that every human is born Muslim but that most are `lead astray’ by their parents into other religions. Therefore, an “infidel” who becomes Muslim does not convert, but rather `reverts’.

Muslims pray five times a day, cursing “those who have gone astray” (Christians) and “those who have incurred Allah’s wrath” (Jews) each time they do so.

Muslims in America proclaim their “victimhood” if they are questioned or criticized. You are right not to trust them and you keep faith with your Crusader ancestors. Maybe I have some of those, I hope.

[BerryDingle]

Is the NY Sun implying that charges of treason should not be placed because of the difficulty of proof or the “cloudiness” of the crime? So we repeatedly watch Obama commit treason because “we can’t define it or prove it?”

[Mouton]

Unfortunately you are correct about that...both G. Washington and Johnson after the Civil War have taken that course, one with a pardon and one with amnesty.

[SandRat]

http://listverse.com/2010/07/04/top-10-traitors-in-us-history/

[TigersEye]

Releasing the five most dangerous terrorists we had is treason even if the guy we got back was a decorated war hero.

[Twotone]

Treason is a bridge too far in Bergdahl’s case. He should be charged with desertion & stripped of pay since the date he walked away from his base, & any other benefits that would’ve accrued to him as a veteran. Leave it at that.

[sten]

using those requirements, the 0bama admin is guilty of all four

[Verginius Rufus]

It's unclear if a President can pardon himself.

So Obama has a vested interest in seeing to it that the next President is a Democrat.

[Verginius Rufus]

You would think schools would teach about Benedict Arnold, just so they could point out that he was a fourth cousin, eight times removed, to George W. Bush.

[Cboldt]

-- It's unclear if a President can pardon himself. --

He's got enough chutzpah to try it, but I think it's pretty clear that I overstated the "unlimited" part of the president's pardon power! I can't think of any other limitation, other than what I think is obvious, the pardon has to pertain to a federal crime or war prisoner.

Congress's impeachment power is limited to removing him from office and forbidding him from (federal) office - and that limitation preserves the court's jurisdiction on criminal and civil prosecution. Presidents are also not immune from civil suit for their private actions.

[xrmusn]

You would think schools would teach about Benedict Arnold,
= = = = = = = = = = = = = = = = = = =

Apparently the ONLY Arnold they will mention in ‘schrewl’ is Arnold the Pig.

Then they will chastise ‘us’ for wanting to turn him into Bacon.

Then ‘they’ will scurry about saying Kevin Bacon is a pig?

[Jim Noble]

If he is not prosecuted for treason, the crime will have effectively ceased to exist.

And if he is not executed, the death penalty for treason will have also effectively ceased to exist.