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Impeachment for high crimes & misdemeanors vs. TREASON

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IChing Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 06:39 PM
Original message
Impeachment for high crimes & misdemeanors vs. TREASON
These are separate charges

Can someone enlighten DU on the difference
and penalties in regard to the differences? I'm in a dissuasion with friends now.

And which should be the course of action in regards to the bushenfurher mafia?




but I think treason is our answer.
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 06:39 PM
Response to Original message
1. Treason would be a "high crime"
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wtmusic Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 06:42 PM
Response to Original message
2. Treason is
"adhering to their <the United States'> enemies, giving them aid and comfort", which seems like an odd way to approach it.
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IChing Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 06:49 PM
Response to Reply #2
3.  Levying War
Early judicial interpretation of the meaning of treason in terms of levying war was conditioned by the partisan struggles of the early nineteenth century, in which were involved the treason trials of Aaron Burr and his associates. In Ex parte Bollman, 1291 which involved two of Burr's confederates, Chief Justice Marshall, speaking for himself and three other Justices, confined the meaning of levying war to the actual waging of war. ''However flagitious may be the crime of conspiring to subvert by force the government of our country, such conspiracy is not treason. To conspire to levy war, and actually to levy war, are distinct offences. The first must be brought into open action by the assemblage of men for a purpose treasonable in itself, or the fact of levying war cannot have been committed. So far has this principle been carried, that . . . it has been determined that the actual enlistment of men to serve against the government does not amount to levying of war.'' Chief Justice Marshall was careful, however, to state that the Court did not mean that no person could be guilty of this crime who had not appeared in arms against the country. ''On the contrary, if it be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. But there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war.''

http://caselaw.lp.findlaw.com/data/constitution/article03/24.html
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wtmusic Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 06:53 PM
Response to Reply #3
5. ?
I don't get your point. The 'levying war' Marshall refers to deals with those who are fighting *against* the US. Again, you could make a longshot argument that Bush's policies were, in effect, an attack on the US, but from a strictly logical point of view that's a stretch.
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kliljedahl Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 06:56 PM
Response to Reply #3
6. flagitious \fluh-JISH-uhs\, adjective:
Had to look it up, learn something new every day on DU. Not in the DU spell check either.

1. Disgracefully or shamefully criminal; grossly wicked; scandalous; -- said of acts, crimes, etc.
2. Guilty of enormous crimes; corrupt; profligate; -- said of persons.
3. Characterized by enormous crimes or scandalous vices; as, "flagitious times."


Keith’s Barbeque Central
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IChing Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 07:10 PM
Response to Reply #6
8. I'm in a "dissuasion" with friends
I still think there something to "levying for war" and "flagitious behavior
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kliljedahl Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 07:20 PM
Response to Reply #8
10. Love those archaic legalisms
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kliljedahl Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 06:52 PM
Response to Reply #2
4. Yeah, that's what Novak did
War Crimes for thr Bushies


Keith’s Barbeque Central
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Just Me Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 07:05 PM
Response to Original message
7. Our leaders are supposed to be held to a higher standard than you,....
Edited on Sun Jun-05-05 07:08 PM by Just Me
,...and me. They are supposed to represent the supreme in law and order, honesty and trust; an example of human integrity.

Our leaders FAIL miserably such basic standards.

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WI Independent Donating Member (156 posts) Send PM | Profile | Ignore Sun Jun-05-05 07:14 PM
Response to Original message
9. US Constitution
Article 3 - Section 3:
"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

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corbett Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 07:38 PM
Response to Reply #9
11. We'll Need Tony Blair To Testify In Order To Make Treason Stick
General impeachment for lying ought to be good enough but if we go for treason, I suspect that Gonzales will be involved. If he is, we'll be nowhere.

http://www.tompaine.com/articles/20050601/the_key_to_impeachment.php
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Just Me Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 08:16 PM
Response to Reply #11
12. Nope. We have high-ranking US military officers,...
,...that possess more credibility than Tony.

A force is growing,....a force that protects us against those who exploit anyone in their path.
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corbett Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 08:26 PM
Response to Reply #12
13. You're Right But They'll Wind Up In Guantanamo
Call me paranoid but I am convinced that those people will find themselves down in Guantanamo long before they see the inside of the House Judiciary Committee forum. It would be much more difficult to make Blair vanish.
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OrlandoGator Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-05 08:27 PM
Response to Original message
14. 9/11 hijackers were Saudi, Bush conspires with the Saudi government.
Treason isn't so farfetched.
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