Comments by "Stephen Villano" (@spvillano) on "The Bulwark"
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Article III, Section 3, Clause 1:
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.
Now, we have no enemies, since Congress hasn't declared war since WWII. That leaves levying war against the US, when did he pick up a gun and wage war against the US and where are your two witnesses to the overt act of doing so?
No? I guess we're stuck prosecuting him for his actual crimes then. He'll likely serve more time for them than for treason, given treason gets five years and up to execution, plus a fine and property attainder.
18 U.S.C § 2381 , states that a person guilty of treason against the United States “shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
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