DOES THE BIDEN ADMINISTRATION’S ASSAULT ON THE SECOND AMENDMENT AMOUNT TO TREASON?

MULTI-SERIES ON THE ISSUE OF POSSIBLE TREASON AT THE HIGHEST LEVELS OF GOVERNMENT

PART ONE

THE MEANING OF ‘TREASON’

“A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. The traitor is the plague.” ~Attributed to Marcus Tullius Cicero (106-43 B.C.) Roman Statesman, Philosopher and Orator, in a speech he gave to the Roman Senate in 58 BC as ‘Recorded by Sallust’ in the fictional novel ‘A Pillar of Iron,’ by Taylor Caldwell (1983), ch. 5. ~The quotation bears resemblance to Cicero’s Second Oration in the Cataline war (circa 40 b.c.) 

Under Biden’s reign, Americans are slowly losing their fundamental rights and liberties. They have already lost any vestige of a fundamental right of privacy as protected under the Unreasonable Searches and Seizures clause of the Fourth Amendment. And the Right of free speech under the First Amendment is, as well, under tremendous assault today.

And let us not forget the assault on the right of the people to keep and bear arms as codified in the Second Amendment. For without the citizenry’s exercise of the fundamental Right of the People to Keep and Bear Arms, the exercise of all other Rights is tenuous at best or becomes altogether illusory, leading inevitably, inexorably to subjugation.

Americans already see that Biden, and his fellow Progressive and Neo-Marxist Democrats in Congress, and legions of unelected bureaucrats of the Administrative Deep State have made substantial inroads curtailing the right of the people to keep and bear arms. But the question is: Do these assaults on sacred Rights truly rise to the level of treason, well beyond the federal crimes of sedition, insurrection, and rebellion, awful as they are?

How can the public know? And, if treason does exist, and if the polity shows Republicans in Congress that Biden and/or several of his senior advisors have committed treason, how can Americans persuade their Representatives in the House and their Senators in the U.S. Senate to hold those high-level elected officials and high level unelected military people accountable beyond merely requesting they simply and humbly resign, as some have averred.

How can Americans make a cogent argument to legislators so that they will undertake or at least attempt to undertake impeachment of Biden and/or his senior advisors? And for senior officers in the military, how can the public urge that these military advisors be subject to a General Court Martial.

The words, ‘treason’ and ‘traitor’ are often cavalierly bandied about. The American public has heard it all before, many times, mostly directed to Donald Trump and, by association, directed to all Americans who voted for him or who supported and who continue to support his “MAKE AMERICA GREAT AGAIN” agenda.

Few people in American history, though, have been charged with “treason” against the United States; fewer still have ever been convicted of it. And no one has been executed for it.* That fact underscores the deadly seriousness of the import of the words despite the oft offhanded use of them, and says much of the true and dire purpose of and hidden motives of those forces that have used the word, ‘treason,’ incessantly against Trump. 

And many are those who leveled the charge of treason against the 45^th President, Donald Trump. Upon taking the Oath of Office, well-placed operators in the Department of Justice and FBI and in the military and in the intelligence apparatuses of Government, and in Congress, in academia and in the media, and even some individuals closest to Trump in his own Administration went immediately to work to undermine and sabotage and destroy his Presidency from its very inception to the final days. See, e.g., New York Times article.  and an article in The Atlantic.

Government, academia, the Press, social media, all operated, in concert—components of an extraordinarily elaborate, well-organized, well-executed series of false flag operations—all designed to bring about Trump’s downfall.

And, considering the extent to which these operators plotted to bring about Trump’s downfall, one is led to conclude either that Trump did indeed pose the greatest internal threat ever to befall our Nation, or, like Horatius at the Bridge, protected our Nation, standing alone against the hordes both within the Government and outside it who themselves truly pose the greatest and gravest threat ever to befall our free Constitutional Republic.

Calling a person a “traitor” serves as a handy propagandist tool and it is one that is employed for the emotional reaction it is expected to elicit in the American public for the purpose of creating animus toward a person, but often, as well, as a distraction to direct public attention to the innocent person and thereby draw attention away from the real “traitor.”

“The crime of treason carries an emotional response unlike any other. Its severity is second to none because one who commits treason aims to support the enemies his government, betray his own nation, and wage war against his own people. Infamous traitors such as Benedict Arnold conjure a near-unanimous feeling of disdain and anger amongst Americans, while others like John Brown do not so easily create the same uniform negative perception. Such is the nature of treason: those convicted of betraying their nation receive the designation of ‘traitor,’ arguably the most severe, polarizing, and stigmatic title law can provide, which may partially explain why the last case of treason occurred in 1952.” ~ from the law review article, “Treason In The Age Of Terrorism: Do Americans Who Join Isis ‘Levy War’ Against The United States?” 9 Am. U. Nat’l Sec. L. Brief 155 (2019) by Stephen Jackson, J.D., Senior Policy Analyst with SAIC.

But, when do the words ‘traitor’ and ‘treason’ merely function as expletives and when do they function as true descriptors, indicative of the worst sort of criminal behavior of an American?

It is one thing for a person to employ the words ‘treason’ and ‘traitor’ merely as a pejorative. In that case, “You Traitor, You!” is akin to the words, “Damn You, Go to Hell!” or “You Bastard, You!” But it is another thing entirely when the phrase, “You Traitor, You!” is to mean that the targeted person IS TRULY A “TRAITOR,” i.e., a person who commits the crime of ‘TREASON.’ For ‘Treason’ IS a crime.

TREASON IS THE MOST SERIOUS OF CRIMES, for Treason is nothing less than BETRAYAL of one’s Country and of one’s people. It is essentially the MURDER of one’s Country and of one’s Countrymen. Betrayal of one’s Nation and one’s Countrymen was considered one of the most heinous crimes going back to the ancient Greeks and Romans. Dante Alighieri, in his monumental epic, “The Divine Comedy,” PLACED THOSE GUILTY OF TREACHERY TO NATION IN THE DEEPEST CIRCLE OF HELL.

To apply the term, ‘traitor’ to anyone is no small matter and should not be a matter of casual conversation. It is defamatory if untrue.

As applied especially to an elected official, no less a personage than the President of the United States, one should practice circumspection before employing it, in the absence of evidence to support the declaration of it. Unfortunately, we do not see this at all. And, it is all quite remarkable, as the denizens of “POLITICAL CORRECTNESS,”—today’s “THOUGHT POLICE”—so keen are they on remaking the English language so as not to offend, do not apply that prime directive across the board, utilizing the worst invective against anyone, everyone, who happens to hold to a different political and philosophical persuasion than that of the “WOKE” crowd to use of their own neologisms.

To our Nation’s founders, treason is the most serious crime imaginable. It is not by accident that it is referenced in the U.S. Constitution.

Treason is the only crime BOTH MENTIONED AND DEFINED in the U.S. Constitution. But, through overuse and deliberate misuse of the words, ‘treason’ and ‘traitor,’ by various members of Congress and by Government Officials and by the Press, Americans are unable to gain a clear view of and true perspective of actual instances of treason and of the those who commit it when evidence for it abounds.

A person needs to cut through the chatter and chaff of those who cavalierly bandy the term about, misapplying it hither and yon to Donald Trump—and, now misapplying it to Trump’s supporters who number one-third to one-half of the population of the Country.

The term, ‘treason’ is a legal term of art that has a clear meaning. One need only go to a readily available source, the U.S. Constitution, to determine its import and purport, and from the definition for it, look for instances of it. Article 3, Section 3, Clause 1, sets forth:

“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.”

Further, ‘treason,’ as with ‘sedition,’ ‘insurrection,’ and ‘rebellion’, is a statutory offense, Congress reiterates the definition of ‘treason,’ of it. “18 U.S. Code § 2381 – Treason,” sets forth:

“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.”

Given the seriousness of the crime, the framers of the Constitution severely limited its application to the commission of either one of two, and only two, kinds of acts. The U.S. Constitution leaves no room for constructive treason and Congress could not and has not undertaken to restrict or enlarge constitutional.

The Constitutional, as well as Statutory definition for Treason, involves:

• Levying war against the United States; OR
• Giving the Nation’s enemies aid or comfort.

But what does “levying war against the United States” really mean, and what does the phrase “giving the Nation’s enemies aid or comfort” mean?

In the next few Arbalest Quarrel articles we look closely at these phrases. For, once we have a clear operational definition of the phrases, we can ascertain if any one or more actions of Joe Biden and of his senior advisors amount to actionable treason.

Few people to date have actually applied the appellation or descriptor of ‘treason’ to Biden and/or to his senior advisors although the abundance of misdeeds leads one to wonder whether one or more of those misdeeds rises to the level of treason. Before the Arbalest Quarrel makes its announcement, it is necessary to see if Biden and other senior advisors have plotted to destroy this Nation. As an aside, there is a question of whether Biden is making policy decisions at all. Given the man’s obvious and increasingly severe mental infirmities, this strongly suggests that Biden is incapable of sound judgment and reasoning. If true, that means that  Biden’s secret handlers are making policy decisions for him; policies affecting the Nation and the rest of the world. And that raises serious legal questions of its own.

But as for ‘treason,’ one can, with a clear operational definition, determine if the elements of the crime apply to the conduct of Harris-Biden Administration senior officials who are the decision-makers. But, what can we say about treason at this point before delving into the details of it?

In the broadest sense, “levying war against the United States” and “giving the Nation’s enemies aid or comfort” involves the BETRAYAL of one’s Country and one’s Countrymen—TREACHERY so extreme that, if tried and convicted of it, must need send the party guilty of it to prison for a substantial period of time and, perhaps warrants a sentence of DEATH. But, whether a TRAITOR to the Country is actually indicted and tried as such, and convicted of TREASON, such an individual rests well beyond any hope of absolution, dispensation, or redemption—ever.

Now, among those who hate Trump, anything the man has said or did, during his tenure in Office, amounts to “treason.” Yet, one would be hard-pressed to distill from any of Trump’s actions anything that amounts to betrayal of Nation and people. Nation’s people. To the contrary, on any reasonable analysis Trump was faithful to the Oath of Office he took on Friday, January 20, 2017.

Article II, Section 1, Clause 8:

“Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: –I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

In retrospect, Trump’s actions were always honorable. But, can the same be said of Biden and his top advisors and handlers?

From what the public knows about, Trump, it is clear that he fulfilled or attempted to fulfill to his foreign and domestic policies and initiatives, consistent with the promises he made to the American public in his campaign. Trump forged a stronger Nation from the mess created by his predecessors Barack Obama and George W. Bush.; strengthening the Nation in the broadest sense: economically, geopolitically, militarily, and societally. Disruption arose artificially, concocted by elements inside and outside the Country, intent upon undermining Trump’s achievements. Trump sought to protect the fundamental rights of the people—most importantly the sacred rights of free speech and freedom of religion; the right to be free from unreasonable searches and seizures; and, critically, the right of the people to keep and bear arms. Yet, the legacy Press called him an Autocrat and Traitor; but to whom? Not to the U.S. Constitution, but to those who seek to dismantle the Constitution and to dismantle a free Republic. And they installed their puppets, Joe Biden and Kamala Harris, corrupt and unscrupulous people to do just that.

In eight months, the senile, weak-willed, and corrupt puppet, Joe Biden, likely dutifully obeying the dictates of his secret handlers, unwound all the positive work for the Country that Trump had achieved. And what do Americans now see? Much, and none of it good: Government policies that promote economic instability and societal unrest—all of it manufactured by an Administration intent on disrupting societal harmony and cohesion.

And, because the Harris-Biden Administration refuses to enforce the Nation’s immigration laws, Americans see massive waves of destitute illegal aliens, breeching our Southern Border; with tens of thousands more flooding through the Southern Border each month, along with members of international drug cartels and other assorted dangerous riff-raff; and most of them are disbursing throughout the United States. More recently, the Administration has compounded its unlawful immigration actions, having airlifted thousands of unassimilable Afghans to the U.S., disbursing them throughout the Country, without properly vetting them—a lengthy process to screen out the Islamic terrorists among them.

Americans see multiple instances of unlawful federal encroachment on the authority of State. The Administration has openly, unabashedly disobeyed rulings of the U.S. Supreme Court; and is exerting unlawful authority over the polity by mandating COVID vaccinations.

Through wholesale adoption of the Neo-Marxist and Neoliberal Globalist program of “DIVERSITY, EQUITY, AND INCLUSION” the Harris-Biden Administration is implementing policies designed to subvert and eradicate our Nation’s culture, history, heritage, and Christian ethos.

Given the Administration’s contempt for the Bill of Rights, Americans are witnessing an assault on their basic freedoms, including, critically, the right of free speech and free exercise of religion; the right to peaceably assemble and the right to petition the Government; the right to be free from unreasonable searches and seizures.

In the matter of the “Capitol Breach” cases, of January 6, 2021, Americans have witnessed multiple instances of unlawful detention, the suspension of Habeas Corpus, and violations Due Process, and Equal Protection.

And the Harris-Biden Administration is quietly, assiduously drawing up Executive Actions and agency rules, to undermine the right of the people to keep and bear arms.

And through the implementation of its bizarre and inept military and State Department Middle East Policies, the Harris-Biden Administration has overnight destabilized the Middle East, thereby endangering the security of the United States and the world. Are we looking at mere incompetence here or something ominous: a devious master plan to destabilize society, dismantle the Constitution, destroy a free Constitutional Republic, and reduce the American citizenry to a state of abject penury and misery. 

Do any of the aforementioned actions by Joe Biden and others arise to the level of actual, indictable treason?

In the next few articles, the Arbalest Quarrel will be looking closely at the law of treason with the aim of determining whether any one or more actions of Biden, and of Biden’s Cabinet Level Officials, and of the Joint Chiefs of Staff, and of Biden’s National Security Council committed actionable treason. 

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*One academic scholar, and apparently the only one, demurs, asserting that one man was in fact executed for committing treason against the United States. In his book, “On Treason, A Citizen’s Guide to the Law” (published September 29, 2020), Carlton F.W. Larson, Professor of Constitutional Law, University of California, Davis, School of Law, avers that Hipolito Salazar, “is the only person ever executed by federal authorities for treason against the United States since the adoption of the Constitution for treason. . . . And the federal government later admitted it had made a terrible mistake—Salazar owed no allegiance to the United States and therefore was not subject to American treason law at all.” (pages 102-103). The execution took place on April 9, 1847, following jury trials “in what was called the ‘District Court of the Territory of New Mexico. ’ Five of the men had been convicted of murder. But, one, . . . Salazar, had been convicted of high treason for levying war against the United States.” (page 102).

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Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.