Is he a Constitutional scholar, professor at an Ivy League college, does he have the experience of clerking for a Justice at the SCOTUS, and has he argued before the Court? --- No? Then I think I'll have to go with the informed opinion of an expert rather than some random person on Twitter. Because, bonjour!

blue-wave

(4,339 posts)

11. Well considering

Reply to ms liberty (Reply #7)

Fri Nov 30, 2018, 12:23 AM

Nov 2018

we are all anonymous posters here at DU, if you don't believe the legal code that was posted on twitter, I'll post it here in full:

18 U.S. Code § 2381 - Treason

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.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)

And if you don't believe my post because, well, I'm also an anonymous poster, please source it yourself. But I would say that the aid and comfort part right here... adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason ...is very clear.

onenote

(42,498 posts)

9. US v. Mitchell involved an armed insurrection

Reply to blue-wave (Reply #4)

Thu Nov 29, 2018, 08:36 AM

Nov 2018

Not likely to be a governing precedent in the current situation. Far more significant is the fact that Russia is not, by any of the routinely applied measures, an "enemy" of the United States. Counties do not maintain diplomatic relations with their enemies and do not allow travel or trade with their enemies. In the United States, Russia is not (nor has it ever to my knowledge) been recognized as an "enemy" under the trading with the enemies act. And then there are the statutory definitions of enemy and war, which do not fit Russia either.

There is a reason why the Rosenbergs and various others have, over the years, only been charged with espionage for aiding the Soviet Union. Tribe has it right.