DEVELOPING A DOCTRINE OF TREASON IN AMERICA
MULTI-SERIES ON THE ISSUE OF POSSIBLE TREASON AT THE HIGHEST LEVELS OF GOVERNMENT
PART TWO
As we maintained in our first article posted on Ammoland, “Does the Biden Administration’s Assault on the Second Amendment Amount to Treason,” one should be circumspect in the application of ‘TREASON’—this so there is no mistake in our understanding of the import of it, lest we dilute its significance—attaching the dire duo labels of ‘TREASON’ and ‘TRAITOR’ to those who never warranted it, but happened nonetheless to be branded with it, and crucified for it.And we know whereof we speak: Donald Trump, and those closest to him, those who assisted him in his run for the U.S. Presidency, including Cabinet-level Officers; close friends and associates; even members of his own family have branded and crucified the 45th U.S. President and those connected closely to him. And now with Trump out-of-office—whether the loss of a Second Term was due to a fair and disappointing election outcome, or chicanery of the highest order, those who replaced Donald Trump with a National embarrassment, in the form of a corrupt, placid, flaccid, and senile shell of a man, one, Joseph Biden, must continue with the charade.The forces that crush a Nation and its people into submission now focus their attention on one-third of the population that supported the “MAKE AMERICA GREAT” agenda that sought to reset the Nation’s course back toward the vision of the founders of the Republic.Through an orchestrated program of DEFLECTION, DISTRACTION, DIVERSION, and DIVAGATION, the Nation’s OBSTRUCTORS and DESTRUCTORS who control the legacy Press and social media draw the public’s attention away from Federal Government policies designed to dismantle the Republic in clear violation of and defiance to the U.S. Constitution and to Federal Statute and channel the public’s reasonable, rational concern to the Nation’s DISSENTERS—those Americans who seek to preserve the Nation as a free Constitutional Republic—treating true PATRIOTS as improbable TRAITORS and treating possible TRAITORS as improbable PATRIOTS. And this topsy-turvy elaborate propaganda campaign reflects the FOUNDERS gravest concerns, their most deep-seated fears.The Founders realized, over two hundred years ago that THE BEAST in MAN, such as it is, never changes, and that BEAST would eventually, inevitably bring out THE WORST in MAN. The Founders were deeply concerned that appellations of ‘TREASON,’ ‘TRAITOR,’ ‘BETRAYER,’ and ‘JUDAS’ would be misapplied not to true ENEMIES of the Nation, but to its veritable PATRIOTS, the Nation’s PROTECTORS. The Founders were well aware that unscrupulous, scurrilous, craven, usurpers of the sovereign authority of the American people would damage and disparage and bring to utter ruin the lives and character of innocent people, and do for any of multiple reasons: anger and rage; spite and jealousy, or even for no other reason than political expediency or perceived political exigency.“English treason law influenced America's founding fathers as they crafted the U.S. Constitution. Specifically, America's founders wished to develop a treason doctrine that—unlike English treason doctrine—could not be used to suppress political adversaries.” United States v. Hodges: Developments of Treason and the Role of the Jury, 97 Denver L. Rev. 117, by Jennifer Elisa Chapman, Jennifer Elisa Chapman, Ryan H. Easley Research Fellow, University of Maryland Francis King Carey School of Law.
THE STUDY OF TREASON IS THE STUDY OF HISTORY
“The study of treason is really the study of history. No other constitutional provision is as deeply rooted in English history as the Treason Clause. William Blackstone wrote that treason ‘imports a betraying, treachery, or breach of faith.’ Treason Blackstone further noted that treason against the sovereign—termed ‘high treason’—amounts to the ‘highest civil crime.’ Due to the gravity of the offense, the crime of treason must therefore be precisely ascertained. ‘For if the crime of high treason be indeterminate, this alone . . . is sufficient to make the Government degenerate into arbitrary power.’“Treason is the highest crime known to law. It is more serious than even murder: the murderer violates a single person or at most only a few, whereas treason cuts at the welfare and safety of all members of society. And the punishment for treason has always underscored the gravity of the offense.“The delegates to the Constitutional Convention faced a significant dilemma when they met to frame a new system of government. On one hand, the new republic would not last if the government could not demand the loyalty of its citizens; on the other hand, history had shown that broad treason laws led to the suppression of political opposition and free speech. English experience had also shown that leaving the definition of treason to judges left the law open to abuse through ‘constructive treason.’ The Framers therefore took upon themselves the difficult task of fashioning a law that would protect the newly formed government from disloyalty and betrayal, while simultaneously preserving the right of political dissent.” State Treason: The History and Validity of Treason Against Individual States,” 101 Ky. L.J. 281, 2012/2013, by J. Taylor McConkie, Brigham Young University, B.A.; Georgetown University Law Center, J.D. Trial Attorney, United States Department of Justice, Civil Division.The Founders were deeply concerned about the misuse of treason by a rogue Government that would use “TREASON” for unlawful, nefarious purposes.“The Framers’ intent for including the Treason Clause within the Constitution was to immortalize the definition thus preventing a rogue legislature from creating what James Madison called ‘newfangled and artificial’ treasons These judge-made expansions of the common law definition of treason more commonly called ‘constructive treasons were made in order to cover conduct that had never before been known as treasonous. This was a common practice in England and is what prompted the passage of the Statute of Edward III in order to control the definition of treason by the legislature instead of the courts. “Another major concern was that the state could use an undefined definition of treason to punish political dissidents or people who opposed the sovereign’s policies. Based on the freedom of speech and freedom of peaceful political expression, later memorialized in the First Amendment, it was important to limit the definition of treason to only levying war and adhering to enemies of the United States by providing aid and comfort to them.’” “The Revival Of Treason: Why Homegrown Terrorists Should Be Tried As Traitors, 4 Nat'l Sec. L.J. 311, Spring/ Summer, 2016, by Jameson A. Goodell, George Mason University School of Law, Juris Doctor Candidate, May 2017; Virginia Military Institute, B.A., International Studies & Arabic Language and Culture, 2014.It is the purpose of these Arbalest Quarrel articles on the subject of “TREASON” to lay all this out for the reader.For, if there be TREASON in our midst, we must recognize the legal contours and parameters of it in the manner the founders of our Republic intended for it to be used, as elucidated further in case law. Thus, before we apply it, we must be reasonably sure of our case against those we deem to have committed it. And, once assured of the efficacy of our case, proceed forward aggressively forward, to bring those charged with treason to account for their treacherous actions against the Nation and its people.Let us be clear. It is not enough to say, for example, that such individuals in Government that have committed treason should simply resign from their posts or should, if they refuse to resign, then be fired.Several media pundits deplore the actions of Secretary of State Antony J. Blinken; Secretary of Defense, Lloyd Austin; White House National Security Advisor Jake Sullivan; General Mark A. Milley, Chairman of the Joint Chiefs of Staff; General Kenneth F. McKenzie, Director of Strategic Plans and Policy on the Joint Staff. And, these media pundits have voiced, vociferously, their anger over the manner in which these individuals handled the withdrawal of American troops from Afghanistan—a complete debacle. Biden, for his part, not unsurprisingly, stated his support for General Milley and others. Some media pundits in the last couple of days, on Fox News, at least, have even made reference to “treason.” See, e.g., a recent episode on Tucker Carlson. But that is as far as any of the media pundits have, to date, gone and that is, apparently, as far as any of them are will to go. None of them has suggested impeachment of any of Biden's people except, perhaps, in a couple of instances pertaining to Biden, himself, and, even so, no one in the Fox Press Corps, or in any other media organization, that we are aware of, has suggested that Biden himself should be impeached specifically for the crime of “Treason.” And, we can appreciate the circumspection of the Press on that score. For unless a person can articulate the legal basis for impeachment on a charge of treason of Biden, or of impeachment or General Court Martial on a charge of treason of any one else in Biden's Administration, it behooves a person to be very mindful of and careful of what he or she is asserting. Nonetheless, what has taken place in Afghanistan under Biden’s watch, and the many devastating, deadly, horrific repercussions from that debacle which are just beginning to play out in Afghanistan and here in the U.S. and that are having a ripple effect around the globe, cannot be simply wallpapered over through mere resignations or firings of Biden officials even if Biden were to do so.Our adversaries in China, Russia, and Iran as well as our allies have taken due notice of the extent to which this weak-willed, corrupt, compromised, physically ill, and mentally debilitated “U.S. President” has given up all pretense of ability to lead a great Nation. Joe Biden has shown that he has no authority—bullied and pushed this way and that, this Country is going Hell in a Handbasket and taking the rest of the world down with it. In fact, the ineptitude and incompetence of Joe Biden and his Administration—from the instant Biden took Office up to the present moment in time—is so acute and so extensive, that one must wonder if the policy decisions made by Biden or by a secret cabal, operating behind the scenes, can simply be chalked up to a cascading series of unfortunate missteps, a set of deeply unfortunate circumstances and puzzling misadventures that the Harris-Biden Administration could not have reasonably made proper allowances for or contingency plans for because the events that unfolded simply could not have been reasonably foreseen, even as flagrant as those missteps seem to be and even as one remains deeply puzzled that Joe Biden is seen complimenting his advisors for doing a great job. Is he kidding?Anyway, that is one explanation one might conjure up for the disasters confronting our Nation on multiple fronts—disasters that are affecting many countries and that will eventually engulf the entire world. But there is another explanation. It is this:Americans are witnessing precisely what was meant to happen, is meant to happen, a meticulously contrived, calculated, calibrated, and executed series of scenes and acts of a monstrous Shakespearian Play. Be it comedy or tragedy depends on one’s perspective. But it is all preplanned, and prearranged, carried out sequentially, having commenced with a flurry of executive orders and actions designed to unravel the order and stability Trump had brought for our Nation, and, by extension, this order and stability that Trump had brought for the world.The goal of this elaborate, extravagant, carefully choreographed performance that is now unfolding under the auspices of the Harris-Biden Administration is meant to undermine the most powerful, successful, and prosperous Nation on Earth. And with the destruction of the United States as a preeminent world power and stable influence for the world, a whirlwind would materialize to destabilize the entire world and thereby pave the way for a new “INTERNATIONAL WORLD ORDER” that powerful functionaries here and around the world are intimating; a new world order that the late U.S. Senator John McCain happened to mention (see article in the Independent Sentinel, published March 26, 2017) and that the illustrious statesman and regular Bilderberg Group attendee, Henry Kissinger worked tirelessly for and wrote a book about, with the hardly inscrutable and singularly uninspiring if, for some, wistful title, “World Order,” published, on September 9, 2014, during Barack Obama’s reign.We, at the Arbalest Quarrel, are going under the assumption that, whether by sheer ineptitude and incompetence or cold, calculated, callous, caustic, and cruel design, high officials of the Harris-Biden Administration—and this must include Joe Biden himself, and any and all secret handlers that the American public is not privy to if such there be that had a hand in this, and we look at one example here, a real “cluster f**k” that transpired at Kabul airport involving the drawdown of American troops in Afghanistan and the deaths of Americans during that drawdown—DID DO what they intended TO DO even if the consequences of their actions were not what they had in mind, can those policy decisions support a legal finding of TREASON of any one or all of them. And we will look at other policy decisions and the execution of those decisions as well.Through all that we do in the articles to follow, we ask that you etch in your mind the following, for we will be constantly coming back to it:Article 3, Section 3, Clause 1“Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. And, “18 U.S. Code § 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.”The third part of our series on treason follows forthwith.____________________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.