Sessions - isn't this treason?

[onenote]

56. The only thing beyond debate is that this isn't "treason"

It is perjury. It may be a number of other things. But it's not treason.

There are two ways under the Constitution that one can commit treason.

One is to "levy war" and the other is to give aid and comfort to an enemy.

Levying war means taking up arms against the US. That's how it has been interpreted and that's the only interpretation that makes sense since it is the more stringent of the two standards.

The second standard involves activity that falls short of actually taking up arms against the US but involves giving aid and comfort to our enemies. Who are our enemies? Those that are engaged in hostilities subject to the rules of war -- that is, those who are levying war against us.

I refer you to the definition of enemy found 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."

Our differences with Russia do not amount to a conflict subject to the laws of war. Among the indicia that normally would mark a state of war exist between countries that do not exist with respect to the US and Russia:

Russia and the United States maintain diplomatic relations. War is the failure of diplomacy and I can think of no occasion where two countries fighting a war with one another have formal diplomatic relations.

Russia is not named as an enemy of the United States under the Trading with the Enemies Act. In fact, a quarter of a million Americans will probably visit Russia as tourists this year and several billion dollars of commerce 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.