Posted by
WMeyer on Thursday, July 06, 2006 4:11:29 PM
We hear often about accusations of treason, and just as often that such charges are extreme. But treason is one of the few crimes delineated in the U. S. Constitution, so it behooves us to review what is declared there before proceeding. Article III, Section 3 states:
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.
The Constitution further declares that Congress has the power to declare the punishment for treason.
According to the
Legal Encyclopedia, the commission of treason requires intent, and is only possible (under the terms of the Constitution) in times of war. They also state:
Under Article III a person can levy war against the United States without the use of arms, weapons, or military equipment.
Hence, it is possible to levy war through other acts, such as the divulgence of classified material, as in the recent disclosure by the New York Times of the previously secret program to monitor financial transactions of suspected al Qaeda members.
However, it is the Aid and comfort to the enemy clause that most often resonates for me. When members of the Senate announce their desire for a hard date for the return of all U. S. troops from Iraq, would not such a resolution constitute
aid and comfort to the enemy?
Even if the
NYT article does not meet, for some reason, the definition of levying war, does it not clearly constitute
aid and comfort to the enemy?
Again, the Legal Encyclopedia:
For example, Mildred Gillars, a U.S. citizen who became known as Axis Sally, was convicted of treason for broadcasting demoralizing propaganda to Allied forces in Europe from a Nazi radio station in Germany during World War II.
Isn't it time to remind your elected representatives of the seriousness of the document
they are sworn to protect and defend?