without congress first declaring war (assuming you are referring to the 'aid and comfort' clause).

If not, then no, this is not treason as defined by US law.

would be guilty of war crimes.

If I can show you collusion with the proud boys and others, to attack the capital - that should suffice.

waging war upon the US.

does.

The last declared war was WWII.
What will America look like under a dictatorship?
They want it now, but.......

But Trump has not committed, nor will he be charged with, the crime of Treason.

“Enemies” is a narrowly defined term, referring only to countries the US has declared war on.

The Rosenbergs, who gave nuclear secrets to Russia, weren’t charged with treason, they were charged with espionage.

Espionage and seditious conspiracy are the two most serious charges Trump is possibly at risk of being charged with.

As the charge would be dismissed.

Justice doesn’t work that way; DOJ charges crimes they can convict.

Last edited Sun Aug 21, 2022, 08:54 PM - Edit history (1)

enemies. Anyone trying to overthrow democracy, should fit the definition.

I agree. https://www.businessinsider.com/ex-prosecutor-trump-treason-instigating-capitol-riot-2022-8

Therefore, nothing in that applies to him. Espionage, on the other hand...

we can think about charging people with treason for helping them.

Seeing how they have declared war on the United States of America, they are traitors.

in that? I would LOVE to find such evidence .....

Last edited Sun Aug 21, 2022, 07:51 PM - Edit history (1)

I think you're overlooking it.

"Levies war against or..."

I don't think anyone will get far arguing that Jan 6 was levying war.

But your belief that treason as defined requires a declaration of war by the United States does not square with the plain language of the statute.

Just by way of example: The Confederates who fired on Fort Sumter committed treason the instant they did so. There was, at that time, no declaration of war on the part of the United States.

But it clearly doesn't require a declared war. See Glenn kirschners video below. 9

I was simply asking for a link to that declaration .....

But the statute does not require a declaration, does it?

The statute requires levying war, not declaring it.

Else it would be a cool loophole for traitors, no? "Sure, I massed an army and attacked US positions. But we never declared war!"

levying war and even more debatable if President Trump was directly involved in it (for sure he was not an active participant).

Me, post 16:

"I don't think anyone will get far arguing that Jan 6 was levying war."

My point is that you, and many others, seem to focus in on the enemy portion of the statute and ignore the levying war.

Carry on with whatever it is you're trying to teach the lesser mortals.

1. Assembled an armed mob
2. To overthrow the government
And/or
3. (Paraphrased) to stop laws from being executed

= Treason

indeed

Link to tweet