"Judge Aileen Cannon will begin three days of hearings that could determine the future of the charges against the former president.

Trump is arguing that Jack Smith – who has brought charges against Trump in Florida and Washington, DC – was unlawfully appointed as special counsel."

Three days to go “Yeah, no he wasn’t.”

  • jordanlund@lemmy.worldOPM
    link
    fedilink
    arrow-up
    2
    arrow-down
    1
    ·
    6 months ago

    Treason has VERY specific legal definitions, which is why we didn’t see it dropped on any of the January 6th combatants:

    US Constitution, Article III, Section 3:

    https://constitution.congress.gov/constitution/article-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."

    In this case, Treason only applies if the people are working in concert with an entity which has declared war against the United States, or is in open hostility to the United States.

    Trump, for all his insanity, hasn’t declared war on the US, so his adherents TECHNICALLY don’t fall under the definition of capital “T” “Treason”.

    This is why they get slapped with “sediton” instead. :)

    https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=prelim#:~:text=Whoever incites%2C sets on foot,office under the United States.

    "§2383. Rebellion or insurrection

    Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

    (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

    §2384. Seditious conspiracy

    If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

    (June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, §1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, §330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)"