In recent years we have seen the word "treason" thrown around loosely by people all over the political spectrum. The most recent, and among the most absurd, misuse of the term comes from someone who most certainly should know better, former United States Attorney and Assistant Attorney General for the Criminal Division William Weld. Barbie Latza Nadeau reports in the Daily Beast:
Former Massachusetts Governor and Republican presidential challenger Bill Weld said Monday that President Donald Trump's "acts of treason" in pressuring Ukraine President Volodymyr Zelenskyy to investigate former Vice President Joe Biden deserved the death penalty.
"That is treason. It's treason pure and simple, and the penalty for treason under the U.S. code is death," Weld told MSNBC's Morning Joe. "That's the only penalty."
How is this wrong? Let us count the ways.
For the moment, we will pass on the question of whether and to what extent the allegations are true. Summary judgment style, we will ask whether the facts alleged would, even if true, make out the case.
Like much of the Constitution, Article III, section 3 was drafted to prevent abuses from English history. Treason had been broadly and creatively defined in England to include all kinds of things. So our Founders provided, "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort."
Is this phone call an act of war against the United States? Certainly not. Did anything the President is alleged to have done amount to adhering to our Enemies? The enemies we are presently at war with are, at most, the Taliban, al-Qaeda, and ISIS. Does this call have anything to do with them? Does it offer them "aid and comfort" in any way? Certainly not.
Nothing alleged here is treason, pure, simple, or otherwise.
Is death the only punishment for treason? Definitely not. See 18 U.S.C. §2381:
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and 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.
What part of "or" do you not understand, Gov. Weld?
Even if the treason statute itself did provide for death as the only penalty, the federal capital sentencing law, 18 U.S.C. §§ 3591 et seq., would still provide discretion. (I won't get in to the constitutional discretion requirement, as that rule has not been tested with regard to treason.)
It's bad enough when people with little or no knowledge of criminal law spout nonsense about treason, but for someone with Gov. Weld's extensive background in the area to do so is exceptionally contemptible.
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