By
Paul E Vallely. MG US Army (Ret)
Tuesday, December 24, 2024
US law defines treason as a high crime that poses an extreme threat to the nation, a massive, dangerous betrayal. The Constitution of the United States, Article III, Section 3 states that treason against the United States shall only be committed against them or in response to their Enemies, providing them with aid and comfort.
Treason is the only crime defined in the United States Constitution. It was narrowly limited to avoid countless notorious past abuses perpetrated by governments.
In debates during the creation of the Constitution, the main concern was not about drafting a law that would allow the government to prosecute traitors. It was to prevent “the numerous and dangerous excrescences (monstrosities)” that had been a feature of English and European laws of treason. The founding fathers wanted to ensure that political divisions within the country did not escalate into treason charges, with death as the ultimate penalty for the dissenters.
Debate and disagreement were not considered to be treason. They were welcomed. Americans often achieved better solutions than either side had proposed. Our motto was, “Out of many, one.” – E pluribus unum. We put that on the Great Seal.
We love that motto. Some, including Obama, prefer “In God we trust,” the slogan we now put on our money. That came out of the Cold War. Today, it seems outdated, too close to Islam’s inshallah, where God sets the outcome. It also seems ironic to worry that only God can save us from the government in a time of rampant inflation and plundering of the treasury.
In any case, the Judeo-Christian God gave Americans both teachings and free will. It is up to us to fix things. God will not do it for us, but he will help save us if we follow his commandments. God Bless America.
As for treason, Article 3, Section 3 of the United States Constitution states, “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.”
This wording in the Constitution prevents Congress from expanding the definition of treason or lowering the standard of proof for prosecution. This is a clear departure from earlier treason laws in several ways. First, it turns the focus of treason from an internal matter to an external one, dealing with foreign enemies. Also, no treason charge may be brought when the proof is just one person’s word against another.
Who can be tried for treason? One must owe the government allegiance to be tried for treason. For example, a slave named Billy was sentenced for treason against Virginia because he sided with the British during the American Revolution.
Virginia governor Thomas Jefferson voided his conviction because, as a slave, Billy owed no allegiance to the United States or Virginia. This does not mean that only citizens can be prosecuted. For example, a foreign resident who works and pays taxes in the United States would be considered to owe allegiance for the benefits he receives as a permanent or long-term resident.
Levying War: The first act in the Constitution to be considered treason against the United States is “levying war.” However, the most famous trial for treason in United States history shows how narrowly this is interpreted. The case of Ex parte Bollman & Swarthout (1807) dealt with two conspirators in Aaron Burr’s alleged plot to overthrow the government in New Orleans by force. In this case, the court held that recruiting men, making plans, and making maps to overthrow the government was not enough for a conviction of treason. Instead, there needed to be an actual assemblage of troops intending to start the overthrow.
Aid and Comfort: The second act the Constitution defines as treason is “Adhering to their Enemies,” giving them “Aid and Comfort.” This has also been narrowly construed. A person may adhere to the enemy by sympathizing with them or favoring their cause, but if no action can be considered aid or comfort, then there is no treason. There must be both a desire to help the enemy and an overt act. In one of the most sensational trials in American history, Julius and Ethel Rosenberg were convicted for their role in passing atomic secrets to the Soviets during and after World War II. They were both executed, but not for treason, for espionage. The “aid and comfort” part of treason law has rarely been used, only first in 1947. The cases tried have all been minor and, well, odd. A father was tried and convicted for giving his son housing and an automobile, who later went to work in a defense plant where he committed espionage. The only American charged with treason against the United States since World II was Adam Gadahn, also known as Azzam the American. Before he could be tried, Gadahn was killed by a US drone strike in Pakistan.
The Intersection of Treason and Politics Lacks Legal Clarity
“Treason doth never prosper: what is the reason? For if it prospers, none dare call it treason.” Sir John Harrington, circa 1650.
For many years, the radical Left has been working to normalize treason, to make it socially acceptable. Jane Fonda and John Kerry (well-connected Leftist “ruling elites”) had the spotlight in the Vietnam era. While still a serving Naval officer during the war, Kerry met with the enemy to support them in Paris. Fonda posed on an antiaircraft gun in Vietnam, doing a photo op to support shooting down our planes. Neither was punished, and both became folk heroes for the Marxist Left. Meanwhile, our brave soldiers, often young draftees, were spat upon when they returned home and called “baby killers” by the left-leaning (now Fake News) media.
Kamala Harris publicly proclaimed support for violent, destructive, city-burning-dines Antifa rioters. She raised bail money for them. This gave aid and comfort to enemies of America, but no one even bothered to charge her with treason. The “Overton Window”—what is socially acceptable to discuss—had been shifted.
Today, truth is strongly censored. If a church or patriotic group dares to host or feature this book, even as a free guest talk, they could lose their tax-exempt status. Treason has become socially acceptable and debate impossible, even dangerous. Our current books, Invisible Treason in America, Beyond Treason, and America’s Endgame for the 21st Century, tell the story of the clear and present danger to America.
Dare to wear a Trump hat, and you might be attacked. On August 29, 2020, Aaron Danielson, a supporter, was shot in the back of the head and killed by Antifa in Portland. Trump protestors from January 6, 2021, are still in DC Gulags. The FBI, now weaponized politically, will not release the videos of exculpatory evidence. Several groups, e.g., Operation Jericho by Stand Up America US Foundation, Tucker Carlson, and others, are trying to get the January 6 videos released and the gulag prisoners released from prisons where they can have their freedom back. In 2023, they requested that I get good legal counsel and be subpoenaed to testify to Congress, but that was unsuccessful. The House Judicial Committee and the Supreme Court have been negligent in overturning the sentences of fellow Americans.
America has been shredded by embedded enemies within who weaken us in myriad ways. China and the world have shifted from kinetic war (e.g., bombs and nukes) to “Unrestricted Warfare” with bioweapons where American officials (e.g., Biden) have been bribed or co-opted. We are losing this new form of war. Our nation suffers managed decline, invasion across our open borders, lockdowns, crime, and more. We now lose more young Americans to Chinese fentanyl yearly than in the Vietnam War. We suffer lies, stolen elections, and a two-tier justice system. We (and the world) suffered genocide and lockdowns from bioweapons.
In America’s almost 250-year history, we have seen only two momentous events in our past that could have decided whether we survived to be the free, self-governing nation under God the founders promised or an autocratic country more typically imposed by oligarchs or self-appointed despots. The Revolutionary War and the American Civil War are those events. The two world wars never saw a moment when our nation’s right to exist was as much in question as today. Think about that. Our country was founded on freedom, but Americans are now less free than in 1776.
History of Treason Rarity – The Founding Fathers succeeded in their goals. As a result, treason trials in the United States are rare. Since the ratification of the Constitution, there have been fewer than forty Federal treason trials.
Treason as a crime has existed for as long as there have been governments. The broadest meaning of treason is attacking or betraying a governmental authority to which one owes allegiance. The word originally comes from the Latin verb tradere, which means “hand over.” It refers to Christians who handed other Christians over to the Roman authorities. The premodern definition of treason meant actions against the king, usually in the context of a kingdom’s internal politics. Treason could include criticizing the monarch, siding with a faction that opposed the monarch’s policies, or even sleeping with the king’s wife. Queens have been executed for adultery as a treasonous act. It was common in English politics to have both sides accusing the other.
We must set a bright course for a proud America where our children can prosper and live in happiness and freedom. God Bless America, the Land of the free and home of the brave.
