General Discussion
In reply to the discussion: On the 31 documents listed in the indictment that Motherfucker stole (Part 2) [View all]Fiendish Thingy
(23,717 posts)I know from discussions here and elsewhere what the TV lawyers are blathering about.
Most, (but not all) of them bashed Garland, but many of them also have been adamant that Trumps crimes dont meet the criteria for treason.
That doesnt prove anything with certainty, but I have not seen any serious (meaning not a fringe CT person) voice out there in the legal world making the argument that treason can be charged for aiding a foreign nation against the US, if the US hasnt declared war on that nation.
Theres a reason the DOJ hasnt prosecuted treason since WWII. Occams razor, seeking the simplest path to an answer, would suggest it is because the US hasnt been legally at war (that is, declared by congress) with another nation since then. Numerous individuals, from the Rosenbergs to Jane Fonda, have aided and abetted Americas adversaries, yet none have been charged with treason, and many have been charged with espionage, seditious conspiracy, and other crimes.
Your point seems to be that the lack of prosecutions for treason since WWII doesnt prove the definition of the statute; my point is, the few prosecutions of treason in the past century do indeed prove the widely accepted definition of the statute.