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onenote

(42,373 posts)
23. as a matter of law, Russia almost certainly is not an "enemy" of the United States
Wed Dec 28, 2016, 03:55 PM
Dec 2016

We have many disagreements with Russia (as we do with many other countries to varying degrees), but that doesn't make them an "enemy" as a legal matter.

Courts looking at the concept of "treason" would not give enemy a broader reading than it is given elsewhere in law (and might give it a narrower reading).

Thus, for example, the courts likely would take into consideration the definition found in title 50 of the US Code (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."

Our differences with Russia do not amount to a conflict subject to the laws of war.

As I've pointed out several times, treason is a very narrowly defined, very infrequently prosecuted offense. Among those not prosecuted for treason: the Rosenbergs (convicted, arguably unfairly, of espionage), John Walker Lindh, Aldrich Ames, Robert Hanssen, Edward Snowden....the list is actually quite long.

There is absolutely no chance that Trump will be prosecuted for "treason" nor would there be any chance of him being convicted if such a prosecution was brought. Crimes may have been committed by the Russians and its even possible that Trump was in some way complicit, but even that wouldn't mean he would or could be charged with or convicted of treason.

YES Angry Dragon Dec 2016 #1
YES! stonecutter357 Dec 2016 #2
What kind of response did you receive? Does a live human answer, or does the call go to VM? Marengo Dec 2016 #3
Voicemail, you can leave a message..nt pbmus Dec 2016 #4
K n R nm AmericanActivist Dec 2016 #5
You have two witnesses? brooklynite Dec 2016 #6
No witnesses, just batshit theories that would make alex jones proud. dionysus Dec 2016 #15
Yes! Do to him what they did/doing to Manning. Dustlawyer Dec 2016 #7
I'd be ok with that. mountain grammy Dec 2016 #18
Gonna have to include members of the FBI too. ffr Dec 2016 #8
Still waiting on certain 'leaders" to utter a single word about this. ehrnst Dec 2016 #9
K&R bdamomma Dec 2016 #10
This has been my guess all along. safeinOhio Dec 2016 #11
Yeah, go full nazi! dionysus Dec 2016 #14
I don't believe in the death penalty LisaM Dec 2016 #26
Neither do I Lisa. I'm just predicting safeinOhio Dec 2016 #27
Let the trial begin! world wide wally Dec 2016 #12
This message was self-deleted by its author bdamomma Dec 2016 #13
My mom's theory about why Trump won't take intelligence briefings BainsBane Dec 2016 #16
I believe your Mom is correct orangecrush Dec 2016 #19
Welcome to DU gopiscrap Dec 2016 #28
Thanks orangecrush Dec 2016 #29
I think the key word here is "enemies". eggplant Dec 2016 #17
well there is that pesky nato thing. mopinko Dec 2016 #21
what "pesky nato thing" are you referring to? onenote Dec 2016 #24
as a matter of law, Russia almost certainly is not an "enemy" of the United States onenote Dec 2016 #23
Put him in jail by all means. Lock him up! Auntie Bush Dec 2016 #20
If he is going to be arrested it better be soon. Once he is sworn in he will totodeinhere Dec 2016 #22
When he gets arrested there will be dancing in the streets mtnsnake Dec 2016 #25
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