11 March 2015

It Ain't Treason. It Does Not Come Close

So, someone has set up a petition at Whitehouse.gov asking for the 47 Senators* be charged with treason:
More than 155,000 people by Wednesday had signed a petition to the White House urging charges be filed against 47 Republican senators who they say committed "treasonous" offenses by writing Iran's leaders about ongoing nuclear negotiations.

Lawmakers caused a political furor with their controversial letter Monday that warned an international nuclear deal with Iran could be scrapped by the next US president, particularly if Congress does not give its seal of approval.

The White House has said it responds to such petitions when they reach the 100,000-signature threshold, providing President Barack Obama's administration with another opportunity to slam a letter that it considers inflammatory.

According to the petition, the 47 senators "committed a treasonous offense when they decided to violate the Logan Act, a 1799 law which forbids unauthorized citizens from negotiating with foreign governments."

Critics argue that the lawmakers, including at least three potential Republican 2016 presidential candidates, broke the law, or at least violated the traditions of Congress, by directly engaging a foreign power on US foreign policy.
This is a pet peeve of mine.

Because of hundreds of years of abuse of the treason charge by the British Crown, treason is the ONLY crime defined in the constitution, specifically Article 3, Section 3 of the Constitution:
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.
The letter to Iran is stupid, and is clearly a case of placing sensibilities the Republican primary voter above the interests of the United States, but this is not treason, under US law.

Treason charges, and the abuse of treason charges by the sovereign, has a long and ignominious history, and calling for treason charges runs directly counter to US values and the founding beliefs of our republic.


*People keep saying, "47 Senators," and I keep hearing, "47 Ronin". There is something profoundly wrong in my head

2 comments :

Stephen Montsaroff said...

Can we call the seditious sons of bitches?

Matthew Saroff said...

I have no problem with the "seditious" part, but the second part might be unfair to sons of bitches.

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