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To: MikelTackNailer
A[n] invasion IS a state of (not officially declared but existing) war and the Biden regime is openly giving aid and comfort to the invaders - that’s definitely Treason.

The Constitution uses the word enemy, not invader, and I do not recognize your assumed power to amend the Constitution to your liking. Enemies require a real war. War is not a state of conflict but a state of war; a collision of armed forces. An invasion is an armed force coming across the border, not a bunch of illegal aliens streaming across the border. It is definitely not treason to give aid and comfort to an illegal alien.

The term giving them aid and comfort was restrictive of the term adhering to their enemies. These are not two separate, stand-alone, items. Adhering to their enemies must be by giving them aid and comfort.

Illegal aliens streaming across the border do not evidence an intent to overthrow the government.

Ex parte Bollman & Swarthout, 8 US 75, 119, 128 (1807)

Any thing which amounts to setting on foot a military expedition with intent to levy war against the United States is treason.

[...]

Judge Chase, in the trial of Fries, was more explicit.

He stated the opinion of the court to be, "that if a body of people conspire and meditate an insurrection to resist or oppose the execution of any statute of the United States by force, they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war; and the quantum of the force employed, neither lessens nor increases the crime: whether by one hundred, or one thousand persons, is wholly immaterial. "The court are of opinion," continued Judge Chase, on that occasion, "that a combination or conspiracy to levy war against the United States is not treason, unless combined with an attempt to carry such combination or conspiracy into execution; some actual force or violence must be used in pursuance of such design to levy war; but it is altogether immaterial whether the force used is sufficient to effectuate the object; any force connected with the intention will constitute the crime of levying war."

https://www.criminaldefenselawyer.com/resources/treason.htm

Time of war. Treason by aiding the enemy can't be committed during peacetime; there must be an actual enemy for the traitor to aid. The requisite enemy designation typically requires a formal declaration of war.

Cramer v United States, 325 US 1 (1945)

The discussion shows some confusion as to the effect of adding the words "giving them aid and comfort," some thinking their effect restrictive and others that they gave a more extensive meaning. However, >"Col. Mason moved to insert the words 'giving (them) aid comfort' as restrictive of 'adhering to their Enemies, &c'—the latter he thought would be otherwise too indefinite." The motion prevailed.

[...]

Treason of adherence to an enemy was old in the law. It consisted of breaking allegiance to one's own king by forming an attachment to his enemy. Its scope was comprehensive, its requirements indeterminate. It might be predicated on intellectual or emotional sympathy with the foe, or merely lack of zeal in the cause of one's own country. That was not the kind of disloyalty the framers thought should constitute treason. They promptly accepted the proposal to restrict it to cases where also there was conduct which was "giving them aid and comfort." "Aid and comfort" was defined by Lord Reading in the Casement trial comprehensively, as it should be, and yet probably with as much precision as the nature of the matter will permit: ". . . an act which strengthens or tends to strengthen the enemies of the King in the conduct of a war against the King, that is in law the giving of aid and comfort" and "an act which weakens or tends to weaken the power of the King and of the country to resist or to attack the enemies of the King and the country ... is ... giving of aid and comfort." Lord Reading explained it, as we think one must, in terms of an "act." It is not easy, if indeed possible, to think of a way in which "aid and comfort" can be "given" to an enemy except by some kind of action.


48 posted on 03/28/2024 12:03:54 AM PDT by woodpusher
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To: woodpusher
Then Biden is guilty of treason for refusing to perform his sworn duty to defend the United States from enemies, referring to the millions of military age men who've invaded un-vetted - and Lord only knows how many of them are terrorists, cartel soldiers, purposely-freed lunatics, etc.

Just because they're not in uniforms bearing arms does not mean they aren't an invading hostile force no matter how many ways you "lawyer" it.

50 posted on 03/28/2024 5:59:41 PM PDT by MikelTackNailer (Justice for the gulaged J-6ers. Rope for their persecutors.)
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