18 U.S. Code 2381 TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

[elleng]

18 U.S. Code § 2381

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

[DemKittyNC]

1. Yeah

tRump qualifies for sure. I vote on DEATH!

[Crutchez_CuiBono]

5. Not a Capital Punishment fan at all But I am here. Got to set an example.

We are afterall, the tiller and leader and moral compass of the free world. If conspiracy to take the birthright of 340 million Americans isn't enough for a firing squad...what is? And what's to stop the next cabal? A 5 year sentence in a private federal prison?
This was no mistake in the heat of passion...this is a well thought out and ongoing/evolving crime. THE HARSHEST of punishments belongs here.

[DemKittyNC]

7. I agree with you

100%.

If there was ever a need for the Death Penalty then this is it.

[global1]

2. I Was Hoping Someone Would Weigh In On Treason Here......

I keep hearing mixed messages re: Trump and Treason. Seems to me under what you posted here - Trump does qualify. I've heard others on the cable news shows that what Trump is doing or has done - doesn't rise to the treasonous level.

[elleng]

3. "CRIMINAL" treason may be thought to differ from plain old,

person repug on the street treason: the action of betraying someone or something

[Crutchez_CuiBono]

4. Looks to be on point Ellen. Ty.

So Treason et al. is a Sect. 2318 violation. Good to know.

[csziggy]

6. MSNBC quoted John Brennan - 'high crimes and misdemeanors'

Former CIA Director John Brennan, a Democrat and frequent Trump critic, wrote afterward on Twitter that Trump showed himself to be "wholly in the pocket of Putin" and that his action here "rises to and exceeds the threshold of 'high crimes and misdemeanors'" — the Constitution's phrase for impeachable offenses.
https://www.nbcnews.com/politics/white-house/trump-putin-questions-abound-ahead-helsinki-meeting-n891606

[onenote]

8. No matter how many people here think otherwise, Trump's not going to be prosecuted for treason.

And the reason is that no prosecutor would bring such a charge. As a legal matter, the threshold issue is whether we're at war with Russia and whether they are an "enemy." For constitutional purposes, being an 'enemy' has a narrow meaning.

Referring back the US Code, the term "enemy" is defined in title 50 (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."

Consider the normal attributes of two countries involved in a conflict that is subject to the laws of war: suspended diplomatic relations, suspended trade, suspended travel. We have diplomatic relations with Russia. Hundreds of thousands of Americans will visit Russia as tourists. And we have billions in trade with Russia. Russia is not now, nor has it been in the past, designated an "enemy" for purposes of the Trading with the Enemies Act.

What the Russian military officers did was a crime, as reflected in the Mueller indictment. Americans, including Americans that are or were associated with the Trump campaign and/or administration likely will be named as co-conspirators with the Russians. Maybe Trump will be so named. But that still falls short of treason, just as the crimes for which the Rosenbergs, Aldrich Ames, Robert Hanssen and others were prosecuted did not include treason. And just as the activities of those of us who opposed US involvement in Vietnam were not prosecuted for treason, even when we engaged in activities that, according to some, gave aid and comfort to the North Vietnamese (such as counseling individuals on how to legally -- or illegally -- avoid the draft). Hell, some even claim Daniel Ellsberg committed treason by revealing the Pentagon Papers. That's the risk of giving the treason clause in the Constitution a broad reading -- it can be used in many ways.

[dlk]

9. Wouldn't That be All or Most of the Republicans?

[elleng]

10. In my opinion YES, it would be.

[Stuart G]

11. Yes, treason in my opinion...k and r...no text.

[triron]

12. How about Guantanamo for him?