Whatever happened to treason? Has it been blanketed out by Freedom of Speech?

Question

Last person to be tried for treason was Tomoya Kawakita in 1952 and he was pardoned. Why haven't more people been tried for treason? Don't we see examples of treason everyday?

"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort."

Correction: last conviction was in 1952.

Yet another correction... I forgot about Adam Gadahn in 2006. Sorry!

Answer 1

It is extremely difficult to uphold the charge of Treason in a court of law. The reasons for this are many fold. Treason must be a willing act. It cannot be done under Durress. Treason is a purposeful act. It cannot be done accidentally. Treason is not the use of Freedom of Speach. Their are very clear guildlines which spell out what speach is treason and all other speach is protected under freedom of speach.

Answer 2

As long as someone who commits "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort" is prosecuted to the fullest extent of the law, I have no problem with it not being called "treason". I certainly do not see examples of that behavior every day, like you say you do. Where do you live?

Answer 3

"To avoid the abuses of the English law (including executions by Henry VIII of those who criticized his repeated marriages), treason was specifically defined in the United States Constitution, the only crime so defined. Article Three defines treason as levying war against the United States or "in adhering to their Enemies, giving them Aid and Comfort," and requires the testimony of two witnesses to the same overt act or a confession in open court for conviction. Congress has, at times, passed statutes creating treason-like offense with different names (such as sedition in the 1798 Alien and Sedition Acts, or espionage and sabotage in the 1917 Espionage Act) that do not require the testimony of two witnesses and have a much broader definition than Article Three treason. For example, some well-known spies have been convicted of espionage rather than treason."

"Several people generally thought of as traitors in the United States, including Jonathan Pollard, the Walker Family, Robert Soblen, and Julius and Ethel Rosenberg, were not prosecuted for treason, but rather for espionage. John Walker Lindh, an American citizen who fought with the Taliban against the US-supported Northern Alliance, was convicted of conspiracy to murder US nationals rather than treason."

Answer 4

Adam Gadahn was indicted for treason in 2006. It is rarely used because the burden of proof in enourmous.

Answer 5

Libby's crime was on more of the level of Espionage then Treason would come into play. He undermined a Federal institution (CIA) with lies. That is why he was convicted of four Felony's of perjury and corruption. It was a lesser charge that would stick.

Answer 6

The US hasn't declared war on any countries since WW2. If you are not officially at war with anyone how can you try a person with treason.

Answer 7

We haven't been at war! And free speech is protected speech, no matter how much you would like it removed from the constitution!

Answer 8

we have become "enlightened" to seek understanding of those who would hurt us....yes, the fear of prosecution is gone, we now bow to the ACLU and Media elites, who will be there to report on the last breath of the US....pictures at 11

Answer 9

Yes, freedom of speech is the cry every time.

Answer 10

YEA WE NEED 2 ARREST BUUUUUSH!!!!!!!!!!!!!11111111111111111111