General Discussion
In reply to the discussion: We've moved into a new category...Treason [View all]TomSlick
(11,013 posts)The Constitution provides that Congress has the authority to declare war but it neither defines "war" nor provides that if the US is attacked by a foreign country we are not "at war."
I have found no authority for the proposition that a declaration of war is necessary for a state of war to exist as an element of treason. In Montoya v. United States, 180 U.S. 261 (1901), the Court recognized that while a declaration of war is necessary for the initiation of a "solemn war," a "state of war" can exist without such a declaration of war.
It seems incredible to me that if a US citizen disabled NORAD in preparation for a Russian missile attack, it would be an act of treason. It seems at least likely that if a US citizen cooperated with the Russian military in a cyber attack, it would equally be treason.
If I was prosecuting such a person, I would charge treason and the underlying conspiracy. I would then allow the defendant to plead to the conspiracy to avoid a capital sentence.