DU legal experts...help me out here: Treason.

[revmclaren]

Is it true that an act of treason is NOT pardonable?

And is there a statute of limitations on charging it.

[The Velveteen Ocelot]

1. Treason is a federal crime, and therefore pardonable by a president.

There is no limitation in the president's power to pardon. However, there is no statute of limitations because it's a capital offense.

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.

[drray23]

4. Do you think that this particular instance falls under the statute ?

[The Velveteen Ocelot]

6. That's another question. I doubt he'd be charged.

[demosincebirth]

13. Confederate officers during the civil war should fit in that category.

[The Velveteen Ocelot]

14. They could have been, but they were pardoned.

https://en.wikipedia.org/wiki/Pardons_for_ex-Confederates

[demosincebirth]

15. Thanks.

[drray23]

2. I dont think its even treason.

It was pointed out many times before that Treason is a very specific crime requiring that we be at war with the country in question. There are plenty of other charges Trump could face however.

[The Velveteen Ocelot]

8. I agree. It was treasonous but not statutory treason.

And even if it was, imagine the political fallout if Mike Pants pardoned him. Ford learned that lesson the hard way.

[donkeypoofed]

10. In Peacetime it's called "Sedition" instead

[secondwind]

3. Interesting 🤔

[NutmegYankee]

5. Yes it can be pardoned, and no, this wasn't treason.

In fact, the use of a pardon to bring a rebellion/insurrection to an end was a major purpose. The "put your arms down and you can just go home" often reduces bloodshed.

[revmclaren]

9. But this is aiding and abetting the Talaban

by the president of the United States... benefiting Russia. I personally think military Intel will be investigating this long after tRump is out of office.

We are in uncharted territory. Anything can and will come out of future inquiries.

[NutmegYankee]

11. It requires adherence to the enemy.

"or in adhering to their Enemies, giving them Aid and Comfort". An example is people who stayed as citizens of the Confederate States of America and paid taxes to the CSA. Tokyo Rose would be an example - she joined the Japanese but never picked up a gun.

[Laelth]

7. I am not aware of a statute of limitations on treason.

Treason IS pardonable, afaik. I am not aware of any law that limits the President’s pardon power in regards to treason.



-Laelth

[NutmegYankee]

12. I'm surprised it was a question. Think about the Civil War.

Massive pardons covering almost every single participant.

[lastlib]

16. Presidential pardon power extends to all offenses under the laws of the United States.

Article II, Sec. 2, Cl.1. There is effectively no limit to that power in U.S. law.