As the left refuses to recognize the legitimacy of the President-Elect and take all manner of actions against the office of The President, we ought to remind them of what that constitutes. Treason.
0 2017-01-17 by Tunderbar1
18 U.S. Code § 2381 - Treason
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
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.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
edit: got a better definition
27 comments
n/a Tunderbar1 2017-01-17
also:
http://legal-dictionary.thefreedictionary.com/treason
Treason
The betrayal of one's own country by waging war against it or by consciously or purposely acting to aid its enemies.
The Treason Clause traces its roots back to an English statute enacted during the reign of Edward III (1327–1377). This statute prohibited levying war against the king, adhering to his enemies, or contemplating his death. Although this law defined treason to include disloyal and subversive thoughts, it effectively circumscribed the crime as it existed under the Common Law. During the thirteenth century, the crime of treason encompassed virtually every act contrary to the king's will and became a political tool of the Crown. Building on the tradition begun by Edward III, the Founding Fathers carefully delineated the crime of treason in Article III of the U.S. Constitution, narrowly defining its elements and setting forth stringent evidentiary requirements.
Under Article III, Section 3, of the Constitution, any person who levies war against the United States or adheres to its enemies by giving them Aid and Comfort has committed treason within the meaning of the Constitution. The term aid and comfort refers to any act that manifests a betrayal of allegiance to the United States, such as furnishing enemies with arms, troops, transportation, shelter, or classified information. If a subversive act has any tendency to weaken the power of the United States to attack or resist its enemies, aid and comfort has been given.
The Treason Clause applies only to disloyal acts committed during times of war. Acts of dis-loyalty during peacetime are not considered treasonous under the Constitution. Nor do acts of Espionage committed on behalf of an ally constitute treason. For example, julius and ethel rosenberg were convicted of espionage, in 1951, for helping the Soviet Union steal atomic secrets from the United States during World War II. The Rosenbergs were not tried for treason because the United States and the Soviet Union were allies during World War II.
Under Article III a person can levy war against the United States without the use of arms, weapons, or military equipment. Persons who play only a peripheral role in a conspiracy to levy war are still considered traitors under the Constitution if an armed rebellion against the United States results. After the U.S. Civil War, for example, all Confederate soldiers were vulnerable to charges of treason, regardless of their role in the secession or insurrection of the Southern states. No treason charges were filed against these soldiers, however, because President Andrew Johnson issued a universal Amnesty.
The crime of treason requires a traitorous intent. If a person unwittingly or unintentionally gives aid and comfort to an enemy of the United States during wartime, treason has not occurred. Similarly, a person who pursues a course of action that is intended to benefit the United States but mistakenly helps an enemy is not guilty of treason. Inadvertent disloyalty is never punishable as treason, no matter how much damage the United States suffers.
As in any other criminal trial in the United States, a defendant charged with treason is presumed innocent until proved guilty Beyond a Reasonable Doubt. Treason may be proved by a voluntary confession in open court or by evidence that the defendant committed an Overt Act of treason. Each overt act must be witnessed by at least two people, or a conviction for treason will not stand. By requiring this type of direct evidence, the Constitution minimizes the danger of convicting an innocent person and forestalls the possibility of partisan witch-hunts waged by a single adversary.
Unexpressed seditious thoughts do not constitute treason, even if those thoughts contemplate a bloody revolution or coup. Nor does the public expression of subversive opinions, including vehement criticism of the government and its policies, constitute treason. The First Amendment to the U.S. Constitution guarantees the right of all Americans to advocate the violent overthrow of their government unless such advocacy is directed toward inciting imminent lawless action and is likely to produce it (Brandenburg v. Ohio, 395 U.S. 444, 89 S. Ct. 1827, 23 L. Ed. 2d 430 [1969]). On the other hand, the U.S. Supreme Court ruled that the distribution of leaflets protesting the draft during World War I was not constitutionally protected speech (schenck v. united states, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 [1919]).
Because treason involves the betrayal of allegiance to the United States, a person need not be a U.S. citizen to commit treason under the Constitution. Persons who owe temporary allegiance to the United States can commit treason. Aliens who are domiciliaries of the United States, for example, can commit traitorous acts during the period of their domicile. A subversive act does not need to occur on U.S. soil to be punishable as treason. For example, Mildred Gillars, a U.S. citizen who became known as Axis Sally, was convicted of treason for broadcasting demoralizing propaganda to Allied forces in Europe from a Nazi radio station in Germany during World War II.
Treason is punishable by death. If a death sentence is not imposed, defendants face a minimum penalty of five years in prison and a $10,000 fine (18 U.S.C.A. § 2381). A person who is convicted of treason may not hold federal office at any time thereafter.
The English common law required defendants to forfeit all of their property, real and personal, upon conviction for treason. In some cases, the British Crown confiscated the property of immediate family members as well. The common law also precluded convicted traitors from bequeathing their property through a will. Relatives were presumed to be tainted by the blood of the traitor and were not permitted to inherit from him. Article III of the U.S. Constitution outlaws such "corruption of the blood" and limits the penalty of Forfeiture to "the life of the person attainted." Under this provision relatives cannot be made to forfeit their property or inheritance for crimes committed by traitorous family members.
n/a purpleReign2 2017-01-17
... "the left?" Take it to T_D.
n/a Elusian_Fields 2017-01-17
Yes, the left. OP is welcome here.
n/a Tunderbar1 2017-01-17
Probably should have been more specific and said "the establishment".
n/a sweetholymosiah 2017-01-17
There's no left wing power structure in the USA it's all right-wing corporate fascist mafia fucks in both parties. And those that deny the legitimacy of the election are CIA, not left wingers. Socialists like Sanders and Cornel West are saying we should unite around issues, not in protest of the inauguration. You should revise the target of your criticism.
n/a Elusian_Fields 2017-01-17
It is not the right wing attacking white American communities. It is not the right wing that seeks to undermine the primacy of the nuclear family structure. Not at all.
You could not be more wrong than you are right now.
n/a elcad 2017-01-17
The only one's attacking our communities are those that ship our jobs overseas and do all their shopping at Walmart and Amazon. You want an American community? Act like it.
n/a lily_levasseur 2017-01-17
boom!
n/a sweetholymosiah 2017-01-17
haha okay. so Bernie Sanders is allied with the CIA? I'm just saying 'left' is a far larger category of people than you assume.
n/a purpleReign2 2017-01-17
Glad to see there's still some rational people in this sub.
n/a Kabalisk 2017-01-17
I don't see the Right trying to guilt whites into hating themselves for being white, or men hating themselves for being men, straights for being straight, etc. There is a distinct Left movement in the US and it's most vocal proponents are definitely wreaking havoc across all fronts.
That being said in terms of government you can definitely say that it's Right and More Right. Those that truly stand apart like Sanders or the Third Party folks get laughed out of the public eye.
n/a Tunderbar1 2017-01-17
If you are trying to say that the establishment has operatives in both parties, you are correct.
But the left/dems/establishment is pushing the protest nearly to the point of treason.
n/a sweetholymosiah 2017-01-17
the democratic establishment is not the 'left' that's all i'm saying...
n/a Tunderbar1 2017-01-17
yup.
n/a rockytimber 2017-01-17
Just because the left is scum doesn't mean we have to accept Trump. The guy has 5 cabinet members from Goldman Sachs! Its just as likely the American people are going to be shafted from the Trump Administration as any other. Hoping otherwise, after nothing but lies for the last 60 years is WAY, WAY naive. Its not like Trump had a stellar record for honesty and fair business dealings at any point in his life.
When the corrupt criminals are removed from Washington, it will be called treason. George Washington committed treason against King George.
On the other hand, people working for Soros/Hillary are indeed a piece of work. Its like the different mafias have their henchmen and stooges. Don't be a stooge for a mafia that sells our country out to Exxon and Goldman Sachs or anyone.
The fight for truth cannot survive kissing up to the old establishment or the new one being formed. Don't be kissing Pence Ass.
n/a Tunderbar1 2017-01-17
Whether you like it or not, Trump is president. How that works out is yet to be seen.
n/a pipeb0mb 2017-01-17
why?
Show op where he was
n/a mastigia 2017-01-17
I don't disagree with you, but I don't think this is the right sub too post it. Tbh, a lot of the tjings we talk about here could be shoehorned into this, and it's bad mojo.
n/a Not_Russian_Hacker 2017-01-17
While these people you refer to may be misguided in their attempts to undermine someone who they see as evil, please stop letting these meaningless terms, "left" or "right", define and divide you. They are tools of the powerful used to subjugate us by dividing us against each other so that we don't see their criminality.
It is the people vs. the kleptocracy.
God is love.
n/a purpleReign2 2017-01-17
Can't wait until this sub realizes this again.
n/a Not_Russian_Hacker 2017-01-17
Seriously! I've lurked here for a really long time and I've watched people lose sight of this recently (because of the election I presume). So I'm trying to remind people. But we gotta stay positive!
Left, right, blue, red, liberal, conservative- it doesn't matter, almost all of the politicians are willing to cross the aisle when an opportunity to exploit the american people presents itself.
n/a purpleReign2 2017-01-17
Damn straight. The sooner we get back to that, the better.
n/a purpleReign2 2017-01-17
Can't wait until this sub realizes this again.
n/a Tunderbar1 2017-01-17
Yeah. I should have not said left. Maybe "establishment" would have been more precise.
n/a Not_Russian_Hacker 2017-01-17
Yup, no worries!
n/a pipeb0mb 2017-01-17
With the Liberal outburst's do we need to do anything?
n/a Tunderbar1 2017-01-17
Actually no. Give them enough freedom of speech to indict themselves with their own words and actions.
n/a pipeb0mb 2017-01-17
Literally shaking
n/a rockytimber 2017-01-17
If Hillary had been elected, would that have been legitimate too? Did you consider Obama legitimate. Come on man, you know the system is rigged.
n/a Elusian_Fields 2017-01-17
Yes, the left. OP is welcome here.