What is Treason?

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On Monday, Donald Trump said that the Democrats who refused to applaud during his State of the Union address were committing treason.  Yesterday the Pittsburgh Tribune ran an article on Trump’s remarks that quotes University of California-Davis law professor Carlton F.W. Larson, who is writing a book about treason and the American Revolution.

Here is Larson’s definition of treason:

For starters, treason is the only crime defined in the U.S. Constitution. And it specifically makes it a crime to adhere to or give comfort to the enemies of the United States.

Discussion of the topic has been around for some time. And by that, we mean a long, long time.

The New York Times reported in “Treason Against the United States” — an article published in 1861:

• Section 110, Article III, of the U.S. Constitution:

“Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. The Congress shall have power to declare the punishment of treason.”

• The U.S. Congress in 1790 enacted that:

“If any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort within the United States, or elsewhere, and shall be thereof convicted on confession in open Court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and SHALL SUFFER DEATH; and that if any person or persons, having knowledge of the commission of any of the treasons aforesaid, shall conceal, and not, as soon as may be, disclose and make known the same to the President of the United States, or some one of the Judges thereof, or to the President or Governor of a particular State, or some one of the Judges or Justices thereof, such person or persons, on conviction, shall be adjudged guilty of misprision of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars.”

• James Madison, founding father and former U.S. president, said:

“The Constitution confines the crime of treason to two species; First, the levying of war against the United States; and Secondly, adhering to their enemies, giving them aid and comfort.”

John Mitchell and Philip Weigel–two of the so-called “whiskey rebels” of 1791–were the first people convicted of treason in the United States.

Read the entire Tribune-Review piece here.

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