General Discussion
In reply to the discussion: Is it possible for a President to be tried for treason? [View all]onenote
(46,172 posts)Russia is not our friend, but that doesn't make them an "enemy" in the legal sense required for a prosecution for treason. Indeed, Russia wasn't our friend during the Cold War when they were spying on us, gaining access to valuable military and intelligence data, and providing arms and other support to North Vietnam while we were in a shooting war with that country. Yet, Americans accused of spying for the Russians -- Rosenbergs, Aldrich Ames, Robert Hanssen -- were not charged with Treason.
There is a definition of the term "enemy" in title 50 of the US Code (War and National Defense): Section 2204: "the term "enemy" means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States."
The term "hostilities" is not defined in title 50, but it is defined in title 10 (Armed Forces). Section 948a - "The term hostilities means any conflict subject to the laws of war."
Countries involved in conflicts that are subject to the laws of war almost by definition do not maintain diplomatic relations with one another, do not allow their citizens to visit each other as tourists, have extensive economic trade with each other.
Russia is not now, nor has it been in the past, designated an "enemy" for purposes of the Trading with the Enemies Act. A quarter of a million Americans will probably visit Russia as tourists this year and several billion dollars of commerce will occur between the countries will occur. If there has been a time when Americans freely traveled to a country with which we are at war I can't recall it.