Sessions - isn't this treason?

[onenote]

94. And I'm certain that for purposes of the treason clause, Russia has never been our "enemy"

Start with the first part of the clause: levying war- consistently understood to address those who take up arms against the US -- who, by force, wage war against the nation.

Adhering to or giving aid and comfort to our enemies? That refers to those who don't themselves take up arms but that give assistance/support/express their allegiance to those that do.

Even during the Cold War, for purposes of the treason clause, the US was not at war with Russia and thus Russia was not, for purposes of the treason clause, an enemy of the US. That's why those accused of aiding Russia through acts of espionage have been charged with espionage, not treason.

So who are our enemies for purposes of the treason clause? Those nations/groups/entities that are engaged in hostilities that are subject to the rules of war. 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 now and have not in the past risen to the level of 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 consistently maintained formal diplomatic relations.

Moreover, Russia is not now, nor has it ever been (even at the height of the Cold War) 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. That is not how nations that are engaged in hostilities subject to the rules of war behave.