T is for Treason

Introduction

Treason is a hot topic. The Washington Post describes a social media landscape “littered” with accusations of treason. Politicians and others are making accusations of treason, often for trivial or misguided reasons.

We may think we know what treason is, but laws are written, and over time they are defined through revisions and court cases.

In 1542, King Henry VIII accused one of his eight wives of having affairs before their marriage and of adultery, so he charged her with treason and poor Queen Catherine was executed. George Washington was guilty of treason against England. Donald Trump accused two FBI agents of treason for investigating his ties to Russia. Some believe that the participants in the January 6th Capitol riot were traitors for attacking Congress, but so far none have been charged with treason.

Treason is broadly defined as the crime of “betraying one’s country by attempting to overthrow the government through waging war against the state or by materially aiding its enemies”. The three key elements necessary for an offense to constitute treason include (1) an obligation to the legal order, (2) the intent and (3) action to violate that obligation.

President Johnson thought Richard Nixon was guilty of treason. Both Reagan and George Bush may have committed treason in their secret dealings with Iran. There may be some members of Congress today whose loyalty to their oath of allegiance to the United States could be called into question.

That leaves many questions. Does treason require a formal declaration of war? Can a spy be guilty of treason? Would someone need to be a citizen to be charged with treason in the U.S.? Are there different kinds of treason?

To find the answers, it is important to understand the history of treason in the United States, and what defines treason in a legal sense. We need to know how that definition has changed over time, and how that definition has been applied in court. In that way, we are approximating the way a prosecuting attorney or judge might apply the law. In the following pages, we will let you be the judge.

There have been situations, such as the Civil War, that would seem to fit the definition of treason: taking up arms against the government. There have been others where it could have been difficult to convict on the charge of treason, so other charges were applied to get a conviction. And, in many cases, where there was a conviction of treason, U.S. Presidents have issued pardons.

There are books, news reports, YouTube videos, newspaper articles, podcasts, and television programs addressing the subject of treason. Often there have been misrepresentations and details that were overlooked. But once we find the missing pieces, we can begin to complete the puzzle to reveal the big picture of what treason really is.

We will present several stories about treason that you may THINK you know, only to discover some disturbing details. There are also stories of treason that are less known. By viewing treason through the telescope of history, looking back through time, we can better understand what treason is, and how it may or may not be applied to current events.

It is hoped that this book will show the link between past attacks on our democracy and the threats we face today.