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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI've come to the conclusion that it isn't treason
However I am not convinced that Trump, his family and the GOP leadership aren't guilty of racketeering...
From Trump down through his family there seems to be a mob-like approach to everything they do, aided and abetted by the Gingrich, McConnel, Ryan, Nunes lieutenants...
From election fixing, voter suppression, no-bid contracts, private/for profit prisons, visa manipulation etc. This mob and the GOP are waist deep in it.
All we need now is for the DNC to make the case publicly.
greyl
(22,990 posts)unblock
(52,352 posts)greyl
(22,990 posts)(I was putting it lightly, since it looks likely that evidence of treason from multiple individuals is already being looked at.)
unblock
(52,352 posts)LenaBaby61
(6,979 posts)Agree.
There's SO much treason going on I can't see straight.
Skittles
(153,212 posts)they colluded with the Russian government / Russia mob to help install them into the White House
that ain't racketeering
kysrsoze
(6,023 posts)This is a global money laundering scheme, spearheaded by Russia.
dweller
(23,674 posts)but then we'd both be wrong... 🙄
KT2000
(20,590 posts)that Obama closed, when they allow the staff back in the country, when they lift sanctions so they can build their oil pipeline, that is what you would call treason.
GallopingGhost
(2,404 posts)to hack his political opponent.
He and his cronies helped that government interfere in every way possible.
He supported and praised the president of that foreign power while disparaging numerous individuals and institutions in our country.
It is treason and he is guilty of it.
WinkyDink
(51,311 posts)onenote
(42,778 posts)louis c
(8,652 posts)I know the constitution. I know treason has to be "aid and comfort to the enemy in a time of war". I know you need two witnesses.
When people use "Treason", it is a layman's term. The violation is really under the espionage act. One can even be charged with espionage by aiding a friendly nation, like Israel.
but aiding a hostile nation, which we are not technically at war with (Iran or Russia, for example), makes that espionage even worse.
Hence, people use Treason in the vernacular, as defined in the dictionary, rather than the constitution.
The United States Government executed the Rosenberg's 67 years ago, and we weren't at war with the Soviet Union. and to this day, they were considered traitors' by historical standards.
pnwmom
(109,000 posts)We don't know what DT did, but no one should be ruling out treason yet.
Voltaire2
(13,200 posts)The confusion is over the phrase "adhering to their enemies, giving them aid and comfort."
ADHERING. Cleaving to, or joining; as, adhering to the enemies of the United States.
2. The constitution of the United States, art. 3, s 3, defines treason against the United States, to consist only in levying war against them or in adhering to their enemies, giving them aid and comfort.
3. The fact that a citizen is cruising in an enemy's ship, with a design to capture or destroy American ships, would be an adhering to the enemies of the United States. 4 State Tr. 328 ; Salk. 634; 2 Gilb. Ev. by Lofft, 798.
4. If war be actually levied, that is, a body of men be actually assembled for the purpose of effecting by force a treasonable enterprise, all those who perform any part, however minute, or however remote from the scene of action, and who are leagued in the general conspiracy are to be considered as traitors. 4 Cranch. 126.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Publis
http://legal-dictionary.thefreedictionary.com/adhering
It doesn't apply to nations or organizations we are not at war with.
MYTH NO. 2
Aiding Russia is treason against the United States.
Stephen Colberts recent segment Michael Flynns White House Tenure: Its Funny Cause Its Treason was but one of many accusations of treason hurled against Flynn and other White House associates because of their proven or alleged ties to Russia. Consider the evidence that Trump is a traitor, exhorted an essay in Salon. It is, in fact, treasonable to aid the enemies of the United States.
But enemies are defined very precisely under American treason law. An enemy is a nation or an organization with which the United States is in a declared or open war . Nations with whom we are formally at peace, such as Russia, are not enemies. (Indeed, a treason prosecution naming Russia as an enemy would be tantamount to a declaration of war.) Russia is a strategic adversary whose interests are frequently at odds with those of the United States, but for purposes of treason law it is no different than Canada or France or even the American Red Cross. The details of the alleged connections between Russia and Trump officials are therefore irrelevant to treason law.
[link:https://www.washingtonpost.com/opinions/five-myths-about-treason/2017/02/17/8b9eb3a8-f460-11e6-a9b0-ecee7ce475fc_story.html?utm_term=.593948d28bc5|
Some other critics of the administration, including Sen. Tim Kaine, a Virginia Democrat who was Clinton's running mate, have suggested the President's son might have engaged in treason by dealing with a foreign adversary -- but that is a possibility that many legal analysts reject.
Both Constitution and federal law covering treason provide the United States be actively at war with the foreign adversary for such a charge.
[link:http://www.cnn.com/2017/07/11/politics/trump-jr-legal-problems/index.html
pnwmom
(109,000 posts)They used a new method of war, but it was an attack directed by an enemy.
Voltaire2
(13,200 posts)We are not. Nation states are hacking each other pretty much all the time. Nobody is considering it an act of war, at least nobody in charge of deciding what is or not s not an act of war. Until that changes "they hacked us" doesn't matter.
pnwmom
(109,000 posts)But if any American had helped in that attack, they would have been guilty of treason.
And this wasn't simple hacking. This was hacking aiming at overturning the people's choice in the election.
Voltaire2
(13,200 posts)I know it is difficult for some to grasp the difference between "things that are generally considered an act of war" and "stuff that happens all the time between states", but luckily none of those people appear to be in charge of deciding what is or is not an act of war.
If we accept your analysis that hacking another state is an act of war, when do we let loose our military to attack Russia? If we are now in a state of war with Russia, everyone engaged in business with the Russians is in legal jeopardy. When do we start arresting them? If we are at war with Russia why are our astronauts riding Russian space ships to the ISS and back?
I think a reasonable person has to acknowledge that we are not at war with Russia.
pnwmom
(109,000 posts)against an act of war are the same people who have been colluding with the enemy to harm us.
And instead of fighting cyberwarfare with cyberwarfare, they are considering rolling back the sanctions we previously put in place.
Voltaire2
(13,200 posts)Last edited Sat Jul 22, 2017, 12:11 PM - Edit history (1)
It is not some condition that just happens.
Lets play what if.
Suppose that Clinton won the election. Is it your contention that she would have gone to Congress for a declaration of war against Russia?
pnwmom
(109,000 posts)the cyber attack on the US, right?
Voltaire2
(13,200 posts)Last edited Sun Jul 23, 2017, 09:40 AM - Edit history (1)
And we are hacking their government. The Chinese are hacking us. The North Kireans are hacking us. Iran is hacking us. We are hacking all of them. Nobody is in a state of war.
Now back to my hypothetical. Clinton is president. The Russian election hacks are revealed. Is it your contention that President Clinton goes to congress and gets a declaration of war against Russia?
pnwmom
(109,000 posts)For them to hack into our elections and change our registration rolls is just like the kinds of things we do to other countries.
There's no difference, by your theory, between spying on other countries to learn their plans and hacking into their election systems to change the outcome of their votes.
Wrong.
We didn't get a declaration of war for Vietnam, and we wouldn't need to in your hypothetical. We could attack Russia back with cyberwarfare.
Voltaire2
(13,200 posts)So you still can't seem to answer the question regarding what a Clinton presidency should do.
Aside from Treason charges against Trump, what military responses should our war with Russia engage in?
FSogol
(45,532 posts)Of course not even that will sway the "both parties are the same / it's just politics /everyone does it" crowd.
Voltaire2
(13,200 posts)nation hacking us?
The current defense department position on what sort of hacking constitutes an act of war limits it to physical or material damage. For example the stutsnet attack we carried out on Iran.
A clear example would be "taking down the electrical grid".
Now it is a reasonable argument that we need to rethink this. However the primary Russian action appears, for now, to have been the email doc dump to wiki-leaks. That is the sort of election meddling - disseminating leaked documents- that nations have been doing to affect elections in other countries (or their own) for a long time, and it hasn't been seen as an act of war.
pnwmom
(109,000 posts)and changing voter rolls.
http://time.com/4865982/secret-plan-stop-vladimir-putin-election-plot/?utm_campaign=time&utm_source=twitter.com&utm_medium=social&xid=time_socialflow_twitter
Election 2016 was a step well beyond that. After the Illinois hack and a similar one at about the same time in Arizona, "we realized we were playing a different game," Daniel says. The Russians weren't just stealing information for the purposes of collecting intelligence as they had been in previous election cycles. Instead, Daniel's team concluded, they were showing a possible intent to meddle with the vote.
Illinois discovered the intrusion on July 12, when the hackers triggered an alarm by trying to download the whole file of 15 million voters. Illinois officials took the system offline and found that about 90,000 files had been stolen, more than 75,000 of which included personal data like driver's-license numbers and the last four digits of the voters' Social Security numbers. When Illinois reported the news to the FBI in late July, the bureau dispatched a tactical Cyber Action Team to the state capital, Springfield, where the computers are kept.
Fortunately for the feds, Illinois officials had kept a full backup of all the data on the system from before the SQL attack, so the FBI was able to track what the hackers had done. Bureau agents found that while they were inside, the hackers had attempted to alter and delete information in the voter rolls. In particular, they had tried to change voters' names and addresses. As far as they could tell, none of the efforts had been successful. Most important, Illinois had recorded the IP addresses of the attackers. Those digital fingerprints and the techniques the hackers had used, combined with the intelligence reporting on Russian plans, convinced the feds that the attackers were a group, known as Fancy Bear, that operates as an arm of Russian military intelligence (GRU).
Voltaire2
(13,200 posts)from your link: "As far as they could tell, none of the efforts had been successful. "
And that is my understanding as well. The registration hacks were failures. So for now it was the wiki leaks dump that affected the election. Do you seriously want to go to war over that?
FSogol
(45,532 posts)Voltaire2
(13,200 posts)acts that are apparently normal in interstate relations are relevant. Going to war is serious. Lots of people will die. Nations generally don't go to war over actions by other states that are within the norms of accepted behavior. Even if they've been harmed by those actions. See for example espionage, the pre internet sort.
I'll ask you the same question: Clinton is president. Should she seek a declaration of war or its equivalent aumf from congress?
FSogol
(45,532 posts)As for actions, we could place economic sanctions on Russia (France, Germany, and a few other Nato countries would go along with us).
We could shutter Sputnik Radio and RT news, expel diplomats and remove visas from the whole shady Russian banker crowd that seem to be infesting Trump's WHO and business partners. There are a lot of actions that could be taken to harm the Russian oligarchs.
Voltaire2
(13,200 posts)off the hook on a treason charge, which is where this all started. Currently this sort of shit is not an act of war, it is just espionage level misbehavior. We could declare a new doctrine that warned other nations that future meddling would be viewed as acts of war. We can't go back in time and apply that doctrine to 2016.
We can't shutdown foreign news sources unless, like China, we create a Great Firewall.
Eliot Rosewater
(31,125 posts)You are right.
And you can be certain if this was a democrat, this debate wouldnt be occurring. The deplorables would be hunting down any democrat who did this.
Voltaire2
(13,200 posts)Eliot Rosewater
(31,125 posts)or giving aid and comfort to its enemies by one who owes it allegiance.
Voltaire2
(13,200 posts)that we are at war with. Not states with whom we have normal, even if adversarial, relations, like Russia.
moda253
(615 posts)This was a propaganda operation and a cyber attack on our nation. That isn't some scooby doo episode. Those are acts of war. Albeit not in the sense of traditional war but war all the same.
Voltaire2
(13,200 posts)Unless Trump was dealing with nations or organizations we are at war with, treason just doesn't apply. So you are correct, the Trump gang has likely committed several felonies but not treason.
ck4829
(35,094 posts)If we're not going to prosecute traitors based on several events over the recent years, then why keep it?
Gabi Hayes
(28,795 posts)So was this!
Look up Kurt eichenwalds passionate assertion and you might be swayed
This was treason of the highest order
No fffffing question
They stole our election and will steal our constitution
Read Democracy in Chains if you think I'm exaggerating
They're most of the way down the road
Six more states till a constitutional convention
Mark it here
Iggo
(47,574 posts)bluecollar2
(3,622 posts)Response to bluecollar2 (Reply #36)
Iggo This message was self-deleted by its author.
MariaCSR
(642 posts)Eliot Rosewater
(31,125 posts)Grammy23
(5,815 posts)I would say we might want to hold off in declaring what is and is not treason. I think more learned minds than ours are churning this over right now. And have been for some time. I can only imagine the conversations that Constitutional scholars are having these days. We are in for a big learning experience as a nation. Our constitution, the courts , the governing bodies AND our people are being put to a huge test. I hope we are up to the task of saving ourselves.
It is time for those on the tRump train to get their heads out of the sand and join the rest of the citizens who know and have known that tRump (and Putin) were taking us into dangerous places. As a nation, we need to pull together ---if that is even possible---to get to the bottom of EVERYTHING brought upon us by this unholy alliance. If heads roll, so be it.
DrDan
(20,411 posts)bluecollar2
(3,622 posts)I understand the point of view of those who dis agree with me.
I am just concerned that by calling it treason we narrow the scope of the issue.
IMO...this crowd are at a minimum...guilty of:
Perjury
Obstruction of Justice
Money Laundering
Failure to disclose relevant information
Dissemination of false information
Use of position to gain influence
Influence peddling
Tax evasion
Interference in government investigations
Use of position for personal gain
Direction of public monies for personal gain
Elections interference
Voter suppression
Passing of state secrets/espionage
Please feel free to add...
If we were to be in a state of declared war some/all of these activities might be viewed as Treasonous...
I believe that the definition of racketeering casts a wider net.
The Trumps and their GOP supporters are just the visible tip of a criminal cabal which includes the Koch and Mercer among others.
loyalsister
(13,390 posts)I also think rushing to use the most inflammatory accusions possible does not productively contribute to furthering a serious investigation. Particularly one with so many interconnections.
One conclusions I would like to see discussed is that it has been revealed that electing a "successful" business executive means electing someone who has learned how to manipulate and navigate through regulations and essentially game the system.
sharedvalues
(6,916 posts)We need prominent Dems to do what the right does. Circulate a list of simple talking points.
Then everyone go in front of the cameras saying the same thing. If 10 Dem politicians on TV said "Trump racketeering" every day for a week the whole press would pick it up.
P.s. it is a myth that the DNC is powerful. GOP orgs have tons of money due in part to citizens united. There are very few Dem orgs that have similar power or money.
bettyellen
(47,209 posts)And if they participated in it they are st war with Americans. It's treason.