Comments by "Stephen Villano" (@spvillano) on "The Lincoln Project" channel.

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  4.  @thaisstone5192  I see that elementary reading was never taught to you. 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. So, in your version of the world, levying war requires Congress to declare war, so the war of 1812 wasn't a war, since Congress couldn't meet when Washington D.C. was burning. That means Benedict Arnold was never a traitor or something similarly insane. Levying war means taking up arms. Trump wouldn't take up arms, he's too great a coward to do that. A case might be made for sedition and even for advocating for the overthrow of the US government, both serious felonies. Treason, nope, Congress didn't declare war, so he couldn't have an enemy to give aid and comfort to. He sure as hell wouldn't risk himself by taking up arms. So, treason is impossible. And even sedition is dicey, as one would have to show that mens rea existed and that he fully and overtly ordered violence be employed for the purpose of unseating our government. Not by preponderance of evidence, but beyond a reasonable doubt. Laughably, sedition has been proved against leaders of Proud Boys, those convicted already now serving their sentences and Oath Keepers trials are ongoing. Still no direct Trump ties to any such orders. But, there is ample evidence to support his advocacy for the overthrow of the government via an attack on said government, specifically Congress and blocking of its Constitutional powers and the penalties are equal with sedition. Shall we instead stay with having a Constitution then?
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