OPINION: In Response To Attempts To Charge Trump With Treason

Photo by Stacy Proebstle

After reading Mr. Molinari’s opinion, I thought that I might give him some of the suggestions that he asked for.

First and foremost, the definition of treason in terms of any federally elected official is defined by the United States Constitution, not by Webster’s Encyclopedic Unabridged Dictionary, or any dictionary for that matter, and it reads as follows:

“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 author also cited Article II, Section 4 of the US Constitution, which is known as the Disqualification Clause that enumerates what a sitting US president can be impeached for, which is “treason, bribery, or other high crimes and misdemeanors.”

Mr. Molinari’s opinion suggested that the president committed treason by aiding and comforting “Putin’s Russia.” He did not elaborate on exactly what that entailed, but we might assume that it has to do with collusion since that was the reason that the special prosecutor has put in place. What must be understood here is that even if there was some sort of collusion on Trump’s part, that doing so is not an illegal act, and even if it was, the act would have happened while Trump was a candidate for office, not as a sitting President of the United States, so it’s questionable as to whether a president can be impeached for something that was done prior to being sworn in.

President Donald Trump speaks with mayors from across the country during a special session held at the White House on Jan. 24. Jackson Mayor Michael Reina was among the mayors in attendance for the event. (Photo courtesy Mayor Michael Reina)

What has also been lost in all of the noise is that Russia, while not exactly an ally of the United States, is not officially considered an enemy as is Iran or North Korea, thus one could not give aid or comfort to Russia under the Constitutional definition of treason.

In terms of sedition, once again Mr. Molinari is incorrect since sedition, which isn’t mentioned anywhere in the Constitution, is considered constitutionally protected free speech and is in no way illegal (SEE: Brandenburg v. Ohio [1969]), and thus does not qualify as a high crime or misdemeanor.

If Mr. Molinari would like to see an example of aiding and comforting the enemy he might want to look at the previous president, who, under cover of the night, gave billions of dollars over to Iran without consulting congress, and he also gave them the ability to make nuclear weapons by allowing that country to properly refine uranium, all the while its leaders were calling for the death of America and threatening Israel with nuclear annihilation.

Iran is considered by most civilized countries around the world to be the leader in terrorism as it funds the various factions around the planet to aid them in their endeavors, yet Mr. Obama thought that it was a good idea to give Iran nuclear capabilities, and that somehow that deter them from using the technology to make nuclear bombs.

Bill Clinton said the same thing about North Korea, and of course we know the history of how that worked out.

President Obama also committed a high crime when he signed an Executive Order called the Deferred Action for Childhood Arrivals (DACA), which effectively made law, something that presidents are expressly forbidden to do. Only congress can make law. The president can only agree to it and sign it or veto it.

If we were to use the dictionary’s definition of treason as described by Mr. Molinari as being “the offense of acting to overthrow one’s government,” then again he might want to look to the former Administration since evidence has shown that it used the FBI, DOJ, and the IRS to spy on innocent US citizens, and as a means of throwing the presidential election in favor of Hillary Clinton.

President Donald Trump (Photo courtesy Royalty Free Archive)

If colluding with Russia was the crime that the Democrats claim that it is, then both the Clinton campaign and the DNC would be guilty of it since they colluded with a British agent, who colluded with Russian agents, who then sold them a dossier of completely false information meant to discredit Donald Trump. In effect they colluded with another country to manipulate the results of the election.

If ever there has been a more blatant acts of treason, sedition, disloyalty, and treachery against our government I would like to see that case.

In conclusion, there is no evidence or proof that President Trump has levied war against the United States, given aid or comfort to any enemy, and nor has he in any way committed any act of treason or committed any high crimes or misdemeanors, because if he did it is likely that the Mueller investigation would have brought that out by now if for no other reason than it would be compelled to tell Congress that impeachment should move forward immediately, and even if that wasn’t the case, given the enormous amounts of leaks that have come from the office of that special prosecution, there is no way something that big would not have gotten out by now.

So, my suggestion to Mr. Molinari is that instead of picking up a dictionary he should perhaps consider taking a course in basic civics, which might set him straight on how our Democrat Republic works as outlined in our Constitution that sets the Rule of Law.

 

Steven J. Baeli
Berkeley

 

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