Treason: Text and Intent

In the days ahead we’re going to hear a great deal of talk about treason. While those speaking of the illegal and un-American activities of so many in the Harris/Biden Administration are correct in spirit and application, they’re not correct in fact. I’m a former English teacher, not an ex English teacher. Like Marines, there is no such thing as an ex English teacher. However, I only do grammar on request, and I can’t recall the last request, so you’re safe. My favorite English professor once said the fastest way to end any conversation is to observe: “you know, that has fascinating grammatical possibilities.” I’ve never used that tactic; it’s too cruel.

Here’s what federal law says about treason:

USC 2381 Treason

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.                           

So, unless someone is actively warring against the United States, it’s not treason. One would think the Harris/Biden/Garland DOJ would have been delighted to charge January 6 defendants with treason, but they couldn’t even take the slightly less ludicrous step of charging them with insurrection, though they and their supporters continue to call J6 an insurrection and the Americans who were present insurrectionists. Adhering to enemies and giving them aid and comfort is a bit broader.  One might consider taking an enemy’s money for favors that damage America might fit, but quite a few members of Congress and arguably, the entire Biden crime family, might find themselves on trial for treason.

Traditionally, treason has been reserved for people like Benedict Arnold. It takes egregious and obvious, affirmative acts, usually during wartime. But what about sedition?

USC 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.

Whoa! Didn’t much of the Harris/Biden Administration “prevent, hinder, or delay the execution of any law of the United States,” particularly immigration law?  Sure, but did they do it by force? One might argue that force applies to every effort, including lawsuits, cutting barriers erected by Texas, etc. to keep the law from being enforced, and the threat of force, imprisonment, etc. was always present for anyone trying to enforce immigration law, but again, that probably wouldn’t work, though there was certainly one of the broadest conspiracies in history. This one didn’t work for the DOJ for J6 either, where the worst insurrection ever featured no weapons, little damage and not the slightest possibility of destroying the government, though it did delay Congress for a few hours, which can only be counted a good thing.

The value of “treason” or the more useful “treasonous” is accurately describing things no patriotic, loyal American ought to advocate or do. Indeed, that’s a very broad category, from trying to ignore or abolish the First or Second Amendments, abolishing the Electoral College, any kind of election fraud and the politicians who refuse to outlaw it, weaponizing the DOJ and FBI as well as pretty much every other federal agency, from FEMA denying help to Republican hurricane victims to 51 former intelligence weenies lying about the authenticity of Hunter Biden’s laptop. 

“Treasonous” certainly describes much, if not most, of the actions of the entire Harris/Biden Administration, and had Harris won, we’d have likely sprinted right into actual USC 2381 territory.  As it is, Donald Trump’s opponents on the left and right are ginning up a new “resistance” that is, at the least, likely to land squarely in seditious acts, and might just rise to treason. Why, one might argue Biden’s handler’s unleashing of long- range missiles into Russia’s interior could constitute treason, particularly if it leads to a nuclear exchange.

Of course, if that occurs, the text of the law vs. spirit of the law argument would likely be moot. We’d be too busy trying to survive.

Still, words, like elections, matter. Post January 20, we’ll find out how much.