In the US what is the legal definition of Treason, who might be guilty of it, and why.?

Question

Please provide sources, facts only. Thanks!

After reading some answers Im grasping the meaning. I thought there was a case in early 1900's of a couple spying? And they were hanged? Also, am I to understand that 'treason' can only occur in WarTime? And, would that war have to be declared by Congress? Thank you.

Answer 1

Well,
I see some very good answers here already and some good quotes from the Constitution. I am now layer, but I think the term treason likely has a specific meaning to them.

To me, the layman, I would consider knowingly committing an act that would seriously damage the national security of the United States such as giving an enemy secrets. I would think treason could be committed without a war being in effect either declared or not since giving an enemy information that would make the country vulnerable to attack would have the same potential in war or peace if that enemy were to use it.

I also think that some actions by a president could be considered treason if he knowingly did something that gave the enemy an advantage. This would require foreknowledge that this action would likely result in serious harm to the nation. As an example, not securing the borders during a time of war, deliberately allowing an invasion of illegals, among which terrorists could mingle.

Answer 2

Treason is the only crime specifically defined by the constitution. This is the constitutional definition of treason;


Article 3, Section 3
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, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Answer 3

TREASON - This word imports a betraying, treachery, or breach of allegiance.

The Constitution of the United States, Art. III, defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort. This offense is punished with death. By the same article of the Constitution, 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.

Several men were convicted of treason in connection with the Whiskey Rebellion (1794) but were pardoned by George Washington. The most famous treason trial, that of Aaron Burr in 1807, resulted in acquittal. Politically motivated attempts to convict opponents of the Jeffersonian Embargo Acts and the Fugitive Slave Law of 1850 all failed. In the 20th cent., treason has become largely a wartime phenomenon, and the treason cases of World Wars I and II were of minor significance. Most states have provisions in their constitutions or statutes similar to those in the U.S. Constitution. There have been only two successful prosecutions for treason on the state level, that of Thomas Dorr in Rhode Island and that of John Brown in Virginia.

This is my help from Washington, DC U.S.A.

Answer 4

US Constitution Article III Section 3. "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".

"In the history of the United States there have been fewer than 40 federal prosecutions for treason and even fewer convictions. Several men were convicted of treason in connection with the 1794 Whiskey Rebellion but were pardoned by President George Washington. The most famous treason trial, that of Aaron Burr in 1807 (See Burr conspiracy), resulted in acquittal. Politically motivated attempts to convict opponents of the Jeffersonian Embargo Acts and the Fugitive Slave Law of 1850 all failed. Most states have provisions in their constitutions or statutes similar to those in the U.S. Constitution. There have been only two successful prosecutions for treason on the state level, that of Thomas Dorr in Rhode Island and that of John Brown in Virginia.

After the American Civil War, no person involved with the Confederate States of America was tried for treason, though a number of leading Confederates (including Jefferson Davis and Robert E. Lee) were indicted. Those who had been indicted received a blanket amnesty issued by President Andrew Johnson as he left office in 1869".

Schumer, Clinton, Kerry, Reid, Pelosi, and Murtha would be tried and hung ? absurd -- they haven't done anything that approaches what Burr, the Confederate States . John Brown etc. have done.

Edit: re comments -- If you are referring to the Rosenburgs, they were convicted in the 1950's for espionage (spying) which is not the same thing as treason.

Answer 5

Treason has to do with commissioned or elected officers.
You can google it and get the statute wording that addresses. I think a private citizen can be held accountable , such as the so called Tokyo Rose or Lord Haw Haw...
but real treason may be what Scooter Libby was involved in.

Answer 6

Aiding , abetting or giving comfort to our enemies at a time of war. Unfortuneatly, we are not really at war as none has been declared, or people like Schumer, Clinton, Kerry, Reid, Pelosi, and Murtha would be tried and hung.

Answer 7

Helping a known enemy to get the upper hand on your own country is treason.

Harry Reid and John Murtha...with their statements supporting the enemy...are very close.

Edit: alias smith and jones...I resemble that remark ;)

Answer 8

Trolling if ever there was.