MESSAGE
| DATE | 2017-01-26 |
| FROM | Rick Moen
|
| SUBJECT | Re: [Hangout-NYLXS] Ruben's "really" important news headlines II
|
Quoting Ruben Safir (mrbrklyn-at-panix.com):
> After a justified complaint, I just want to retract this.
And I thank you.
> Its not executed I am not in favor of and we don't promote anyone
> taking any pot shots at members of congress (or anyone else
> currently).
> The point was that the act is treasonous and I believe she should be
> brought up on charges as such.
Well, treason has the unique distinction of being the only crime
specifically defined in the Constitution. When I say 'defined', I mean
of course in terms of other words whose definition must be understood by
each generation as best they can, but here's what Article III, section 3
says:
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.
The term 'enemies' is of course one of those words left to the Republic
to understand as best it can, but I call your attention more
specifically to the required acts. It's either war against the US or
adhering to their Enemies, giving them Aid and Comfort.
^^^^^^^^^^^^^^^^^^^^^^^^^^^
Talking to a dictator, no matter how odious the dictator, is not giving
that dictator aid and comfort -- leaving aside the great deal of doubt
we have about which foreign dictators qualify as enemies of the United
States at this moment and which do not. In my experience, to quote
Winston Churchill, I would rather jaw, jaw than war, war -- and people
_talking_ with heads of foreign governments is among the ways we try to
avoid direct resort to killing. It is also very _specifically_ among
the things members of Congress do.
Last, I would be very sad if we'd gone straight to executions _before_,
y'know, those pesky indictments, trials, and convictions. If you mean
'should be arrested and tried for treason', that would be rather a
different thing. And, y'know, we do have an equally pesky thing called
the presumption of innocence, innocent until and unless proven guilty in
accordance with the law past a reasonable doubt.
Examples of proven treason include Tokyo Rose for her WWII broadcasts to
American troops in the Pacific War. Also, Tomoya Kawakita, a dual
Japanese and American citizen who mistreated American POWs while working
for Imperial Japan as an interpreter. Both of those satisfied the
_adhering_ part, most crucially. Just going abroad and talking to a
dictator notably does not.
Please don't suggest killing of members of Congress again. Tusen takk.
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