Treason is a word that has been used too loosely lately.
Here is what the Constitution says about it:
"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 Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted."
This article, "On Treason and Traitors," explains the historical meaning AND intent of the concept in language even I can understand.
""No American charged with treason has been convicted for conduct related to anything other than direct support of an enemy at war with the United States (for example, the Confederacy in the U.S. Civil War, the Japanese Empire and Nazi Germany in World War II). Thus, if the U.S. is not in an armed conflict with another belligerent party, it is factually and legally impossible to be guilty of treason. As Larson points out in this blog post about alleged collusion between Trump and Russia in his first term, “working with foreign countries to harm the United States is not part of the definition.”
Crimes, but Not Treason
In conclusion, the following acts are often the basis for claims of treason; they might be unlawful (violations of some other statute, like espionage) but are not “treasonous,” and the perpetrators are not “traitors” no matter how disloyal they may seem to the public or to the president:
- Careless leaking of classified, top-secret, war plans onto the internet or an unsecured messaging app (this is a possible crime, but not treason);
- A lawfully initiated investigation into a political leader’s “official” actions (this does not qualify as any crime);
- Being “un-American" (this is not definable, much less a crime);
- Expressing sympathy, or donating time and money, to the victims of an ally’s war effort (this is a form of protected speech); or
- Undermining American economic interests for the sake of another nation out of incompetence (not a crime) or corruption (possibly a crime, but not treason).
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