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onenote

(46,172 posts)
28. He isn't going to be charged with treason.
Sat Jul 28, 2018, 05:59 PM
Jul 2018

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.

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That'll be for the gop to decide Fullduplexxx Jul 2018 #1
Is treason a political charge? dem4decades Jul 2018 #2
Interesting question. kentuck Jul 2018 #5
yikes nt Grasswire2 Jul 2018 #41
Treason is a capital crime. Eyeball_Kid Jul 2018 #76
Ask again MFM008 Jul 2018 #51
Russia ATTACKED our elections and infrastructure. How is that not an act of war? triron Jul 2018 #3
"Treason" has always been interpreted as giving aid and comfort to an enemy The Velveteen Ocelot Jul 2018 #7
The Korean War is still on, and Trump has given aid and comfort to Kim. PubliusEnigma Jul 2018 #77
Technically S & N Korea are still at war. EX500rider Jul 2018 #80
war with Russia has not been declared and the president is a civilian scarytomcat Jul 2018 #9
Is the president a civilian? TheRealNorth Jul 2018 #15
he is commander but civilian scarytomcat Jul 2018 #18
Well damn. lpbk2713 Jul 2018 #72
The Rosenburgs my tend to disagree Sedona Jul 2018 #62
They were tried for espionage djg21 Jul 2018 #65
Trump's crimes may be closer to espionage than treason? kentuck Jul 2018 #68
The President is not above the law. GoCubsGo Jul 2018 #4
I hope you're right. The founders took great pains to avoid a monarch. bitterross Jul 2018 #8
If he cannot be indicted...? kentuck Jul 2018 #10
He could be indicted after leaving office, just not while he's president. The Velveteen Ocelot Jul 2018 #16
"Justice delayed is justice denied." kentuck Jul 2018 #21
If he can't be indicted while President marylandblue Jul 2018 #25
I don't believe it is settled whether or not he can be indicted. GoCubsGo Jul 2018 #20
True. kentuck Jul 2018 #24
Many have said that the attack on our election in 2016 (and ongoing) is an act of cyber warfare. dameatball Jul 2018 #6
In light of recent developments in the area of cyber warfare, maybe the treason statute The Velveteen Ocelot Jul 2018 #17
Right. I doubt that the Founding Fathers ever contemplated cyber warfare. dameatball Jul 2018 #19
Not a statute, it's in the Constitution marylandblue Jul 2018 #26
There is a statute as well, 18 U.S. Code sec. 2381: The Velveteen Ocelot Jul 2018 #49
Yes, they could define war, but marylandblue Jul 2018 #56
Yes, that's correct; I was thinking only of how to handle cyberwar in the future. The Velveteen Ocelot Jul 2018 #57
What does this mean?? kentuck Jul 2018 #69
And even if they did shanny Jul 2018 #39
I wish. Iliyah Jul 2018 #11
yes it is.....Article II Sec. 4 US Constitution Historic NY Jul 2018 #12
Plain reading of that shanny Jul 2018 #40
So the answer is "no" grantcart Jul 2018 #78
I think it is much more likely to be considered conspiracy. As in a vast right wing conspiracy, madinmaryland Jul 2018 #13
First a reality check - Trump isn't going to be tried for treason. PoliticAverse Jul 2018 #14
That's not a policy, it's a legal opinion of a part of a DOJ marylandblue Jul 2018 #27
Rosenstein will not be charging Trump with treason. n/t PoliticAverse Jul 2018 #29
He can authorize Mueller to do it. marylandblue Jul 2018 #30
Both those guys are likely much too smart to do that. You don't make your prime charge questionalble PoliticAverse Jul 2018 #35
I don't think they will charge him with treason marylandblue Jul 2018 #37
I am agreeable to that. triron Jul 2018 #45
I suppose reading the Constitution was too difficult? brooklynite Jul 2018 #55
Why the hell not? gibraltar72 Jul 2018 #22
As part of a bill of impeachment, yes. Odoreida Jul 2018 #23
That's not in question, the Constitution is clear on that point marylandblue Jul 2018 #31
There's no real question on that, the answer is a clear yes. That's why Nixon was pardoned... PoliticAverse Jul 2018 #34
Absolutely it can. shanny Jul 2018 #42
He isn't going to be charged with treason. onenote Jul 2018 #28
Mueller's indictment said the Russians had been engaged in "cyberwarfare" against the US. pnwmom Jul 2018 #44
how do you explain travel and trade and diplomatic relations? onenote Jul 2018 #46
Yep. DetroitLegalBeagle Jul 2018 #52
Where in the statute does it say "armed hostilities"? nt pnwmom Jul 2018 #59
18 USC Chapter 18 Section 2331(4) DetroitLegalBeagle Jul 2018 #64
Is that the definition for "act of war" in the terrorism law? pnwmom Jul 2018 #66
It isnt. DetroitLegalBeagle Jul 2018 #70
One word: Trump. n/t pnwmom Jul 2018 #58
I don't think "Trump" is a legal principle. onenote Jul 2018 #60
Trump controls the GOP, lock, stock and barrel. And the Trump GOP pnwmom Jul 2018 #61
And thus we're not at war. onenote Jul 2018 #67
Actually the Rosenbergs were charged with treason and executed True_Blue Jul 2018 #73
ACTUALLY, you don't know what you're talking about. onenote Jul 2018 #74
You're right True_Blue Jul 2018 #79
Congress isn't going to declare war on Russia. onenote Jul 2018 #82
Not with Republicans in charge of Congress oberliner Jul 2018 #32
Sure one could be...and if under UCMJ be sentence to death beachbum bob Jul 2018 #33
Although "Commander in Chief" the President is a civilian. n/t PoliticAverse Jul 2018 #36
UCMJ has NO applicationt to a POTUS. AncientGeezer Jul 2018 #38
If he is thrown out of office by Congress, yes. pnwmom Jul 2018 #43
From what I understand. Blue_true Jul 2018 #47
"Treason OR high crimes and misdemeanors"? kentuck Jul 2018 #48
If the president is a Democrat, it's a blow job. The Velveteen Ocelot Jul 2018 #50
"High Crimes and Misdemeanors" would be felonies that Congress judges severe enough marylandblue Jul 2018 #53
I would think he would have to be impeached first. Afterwards he's a private citizen. Kablooie Jul 2018 #54
If he committed treason, which I believe he did, then... liberal N proud Jul 2018 #63
IMO Trump is the biggest traitor in the history of America True_Blue Jul 2018 #71
K&R ck4829 Jul 2018 #75
There is no doubt Trump used Russian connections to win the election over Hillary Clinton! UCmeNdc Jul 2018 #81
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