“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 above paragraph is the Constitutional definition of treason which limits treason to 3 offenses:
- Levying war against the United States.
- Adhering to (or joining with) Enemies of the United States.
- Giving Enemies of the United States Aid and Comfort.
The first two are pretty straight forward. If you joined Al-Qaeda, you would be guilty of adhering to an enemy of the United States and if you attacked a building, ship, soldiers, sailors or aircraft of the United States you would be guilty of levying war against the United States.
Giving “Aid and Comfort” to our enemies is much broader. Fund raising for an enemy would obviously qualify. Helping an enemy avoid capture would also qualify.
President Bush gave enemy combatants “Prisoner of War”status, even though they did not qualify under the Geneva Conventions. Was that giving “Aid and Comfort” to our enemies?
The Geneva Conventions say that suspected unlawful combatants should face a military tribunal that would determine if they were:
- Lawful combatants to be sent to a POW camp for the duration of the war, or
- Civilians who inadvertently detained who should be released, or
- Unlawful combatants who should be executed.
The Geneva Conventions don’t require trial by jury in a civilian court. Is giving enemy combatants trial by jury in a civilian court giving them “aid and comfort”?
If the Attorney General were to put someone on trial and the prosecution was ineffective and does not result in a conviction and the judges orders the prisoner released and he once again fights against the United States, will the Attorney General be guilty of treason?
Are the Bush and Obama Administration officials, who released detainees to Yemen who then planned the December 25th attempt to blow up a flight from Amsterdam to Detroit, guilty of treason or just stupidity?