I have been wrestling with this for a while now. And the more I’ve wrestled with it, the more I keep circling back around to the simple fact that there’s something wrong here. It was actually DC federal judge Emmett Sullivan that lit the fire under my kettle when, in a sentencing hearing, Sullivan angrily asked the federal prosecutors why they hadn’t charged disgraced former General Michael Flynn with treason. The judge later backed down and stated that he had gotten emotional with his response.
But the seed was planted in my mind, all the way back then, when Traitor Tot was still President. Why not charge Flynn with treason for his unauthorized communications with a geopolitical foe? The official response was that treason was reserved for collaboration with a foreign enemy in a time of war.
Which always seemed to me to be kind of bullsh*t. Treason isn’t a crime involving a foreign power, treason is a crime against The United States. So I did the simplest thing I could think of. I Googled it. And here’s what I came up with;
the crime of betraying one’s country, especially by attempting to kill the sovereign or overthrow the government:
I was right, there’s nothing in the definition about aiding or abetting a foreign country in a time of war. In fact, there isn’t a single word in that definition that speaks of a foreign country. The top line charge is The crime of betraying one’s country. The second charge deals directly with Overthrowing the government.
Now you tell me. Donald John Trump took an oath to protect the constitution of the United States. And so did anyone who served in an official position in his cabinet or government. And when faced with electoral defeat, Trump betrayed his country in a desperate attempt to hold onto power, fully aware of his criminality. And with the aid and assistance of others, he launched a massive, armed mob on the United States Capitol to try to subvert the lawful counting of the electoral college votes, and in so doing overthrowing the duly elected government of The United States.
You tell me, under the definition I posted above, how is this not treason? And not just for Traitor Tot, but Rudy Giuliani, Steve Bannon, Roger Stone, John Eastman, Peter Navarro, Allie Alexander, Michael Flynn, Boris Epsteyn, Mike Lindell, the Overstock guy, Sidney Powell, and everybody else who wholeheartedly pitched in to help him in his plot. And why not throw in the fake electors from the swing states that tried to provide legal cover for Trump’s coup attempt? And why leave out Enrique Tario and Elmer Stuart Rhodes?
I’m dead serious. From January 7th onward, the mainstream media has alternately referred to the Capitol riot as either an insurrection or a coup attempt. We all know what it was. And the dictionary definition above doesn’t require either foreign intervention or foreign collaboration in a time of war. The only thing that treason requires is that you Betray your country. Which Trump did in spades.
Donald. Trump. Is. A Traitor. And so is every turncoat motherf*cker who aided and abetted him in his lust for power. Attorney General Garland. You want to actually prove that no man is above the law? Then try enforcing this nations laws the way they were written. And that includes the law about treason. Here endeth the lesson, dude. Do your job and honor your own oath.
Levying war. Hmm. Quite correct. No word of the word “foreign “… I had always somehow read that into the clause. Because only a foreign power “declares war” on another power. Methinks I need to hit the internet for more info. So … the lost cause was … treason! A bunch of losing traitors. Given a chance to repent and we got Jim Crow and the constant bs of neo-Jim crow. And somehow 10 years of reconstruction led to a hateful act of grievance ever since. The folks who have no pity or remorse for the @other” never really got … humanity or decency . Even at the end of a 2×4.🤦🏻♂️ Now I really want to know how legal eagles discuss “levying war”! Thanks murf!!!!
The Congressional 5th Column should be investigated as well. Lloyd Austin should reinstate Flynn for court martial (which most likely would be an easier win than civilian court). “The deprivation of Rights” charge goes to the very core of The Constitution, and in my view itself TREASON. The “theft of the franchise to vote.”
The USC (United States Code) defines treason a little differently than Merriam Webster. Sedition is what the USC defines the same as your definition for treason. DOJ has prosecuted several people so far for sedition and conspiracy to commit sedition. With the multiple offenses commited by TFG, if found guilty, will likely receive the equivalent of a life sentence, with or without a conviction for sedition. An obstruction conviction alone carries a 20 yr max sentence. So, I don’t really care what the charges are, just that they are serious felonies with long possible sentences and that he rots away somewhere away from social media. And that at least one of the charges is such that he is ineligible for public office and we can strip him of Secret Service and pension.
Even though treason is the only crime defined in the Constitution, it’s murky. They didn’t do a very good, or at least precise job but it’s hardly the only thing about which that’s true. The plain fact is they punted on some things, figuring they’d get sorted out in due time. SCOTUS got a chance to weigh in early and they were about as clear as mud in two cases they heard.
Long afterwards in the years after WWII SCOTUS took several more bites at the apple and didn’t do much better. However, as the founders figured laws would be established which would defines crimes and punishments for actions anyone would reasonably consider treason and that would fall under the definition you cite in your article.
I enjoy reading Lawfare, in large part because they have a gift for explaining pretty technical stuff in ways most of us lay people can understand. Even they don’t do all that great a job on this issue although if you want to dig in (it’s pretty dense reading for a lay person) you can get the history of treason including the murkiness of SCOTUS on the subject and most importantly that as I said the U.S. Code has statutes that cover various acts us regular folks consider (rightly) treason. To paraphrase Shakespeare, Treason by any other name would still stink as treason:
https://www.law.cornell.edu/constitution-conan/article-3/section-3/clause-1/treason-clause-doctrine-and-practice
By most definitions trump is a traitor, but the definition in the Constitution is proscriptive. It specifically laid out the conditions for the conviction of the crime to limit its use. The framers were concerned that it would be politicized and used to punish political opponents. So they raised the bar and included the condition that it must involve collaboration with a warring foreign power.
In my opinion, trump arguably still meets the requirements for traitor. He colluded with Russia to tip the 2016 election and he may have given them highly classified military intelligence. The catch is that no state of war existed with Russia. But one could argue that the interference and espionage qualify as acts of war, and therefor a state of war implicitly existed, and still does.
No matter. The question is moot, because trump has committed so many other crimes that he will be punished as if he were guilty of treason. Hopefully we’ll see this evening what Jack Smith has in store.
You need to re-read the constitution then, because there are two different clauses defining treason. One mentions foreign conflict and the other does not. The first clause only mentions levvying War against the government. It maks no mention of foreign powers, and can be strictly internal, and that’s exactly what Trump did. He assembled an army of rogues, told them to “stand by” and then he rallied them, incited them to fight, and he sicced them on the Capitol building. I know what my eyes saw. And if your eyes didn’t see it, then you have an eye or brain problem.
The way this whole thing is being handled from, how in the world didn’t the authorities know that they needed a huge security increase on January 6th to small and almost insignificant prison times for the people who attacked the capital to now Trump might stand trial in May. It’s just crazy.
Many of us have been calling the j6 escapade treason. We however do not call the shots when it comes to charging people with crimes.
I may not be remembering everything correctly, but maybe those of you who do can refresh my memory. in and around DC, there is an Army base, a Marine Base, and even a Navy base. part of his oath is to protect and defend the United States. There appeared to be “confusion” as to law enforcement responsibilities. As President, within the first 5 min. he should have called in the troops. By not lifting a finger he failed in his duty. I
also have to wonder if he didn’t order law enforcement to “slow walk” the response?
Well, there’s Anacostia Naval Air Station in DC (it’s where HMX 1, the Marine Helicopter Squadron that has the fleet used for flying the President) but it’s a small place. Then there’s Andrews Air Force Base across the Anacostia River which is quite a bit larger and where the Presidential and executve branch fixed wing aircraft are. Ft. Belvior is down south of the District, south of Alexandria, VA and it has some troops but not really major Army Base, then you have Quantico Marine Base about thirty miles south of the beltway which is a major base. However, Posse Comitatus prevents a President from deploying active duty troops domstically although if Marital Law were to be declared that changes things some but that was the last thing any sane person would have wanted on J6. However the VA, MD and DC National Guard units were available and VA & MD Gov. had them on standby just outside the District fairly early in the riot awaiting orders to go in and help. Sadly, thanks to the GOP the DC National Guard is under a Presiden’t control instead of the DC Mayor and you know how the Trump administration schemed to keep them from responding for hours even though the Mayor had wanted them geared up and ready that morning.
18 U.S. Code § 2381 – Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.