Treason?

In all the coverage of the events yesterday, I have yet to hear the word. My first thought was that the Republicans have finally had their equivalent of Chicago 1968, the same generation with a similar result, now with the added element of dementia. Except that the 1968 protesters didn’t actually manage to storm the Democratic National Convention. Will we now have assassinations? And of politicians from which party? The 1968 example implies Republicans.

Yet this discussion of the constitutional treason clause, and the limited number of cases on the subject, makes it seem likely that The Donald committed treason on January 6th. Especially if can be established that he is responsible for the failure to adequately defend the Capitol. Compare his actions with those of Aaron Burr and his associates and judge for yourself.

https://constitutioncenter.org/interactive-constitution/interpretation/article-iii/clauses/39

It was not enough, Chief Justice John Marshall’s opinion emphasized, merely to conspire “to subvert by force the government of our country” by recruiting troops, procuring maps, and drawing up plans. Conspiring to levy war was distinct from actually levying war. Rather, a person could be convicted of treason for levying war only if there was an “actual assemblage of men for the purpose of executing a treasonable design.” In so holding, the Court sharply confined the scope of the offense of treason by levying war against the United States.

I have said for years that Donald Trump is THE MAN of his generation, the living embodiment of its values, aspirations, and impact on all the generations to follow. And now it has come to this.

________________________________________________________________________________________

Actually, here it is.

https://www.washingtonpost.com/opinions/2021/01/06/president-trump-has-committed-treason/

x

While we are at it, note the following. The only major urban county (and probably any county) anywhere that has significantly more local government police officers per 100,000 residents than New York City is Washington, DC. That is in addition to all the federal law enforcement there.

An alternative view of the constitutional analysis linked above that Trump, Giuliani et al would have committed the “overt act” of treason if they marched to the capital at the head of those who assaulted it, but came short of it by merely inciting others to make the assault. Trump told the crowd he would do so, and then snuck off, leaving those he has now condemned to commit the act and pay the price.

In that case, Trump’s relationship to treason would be similar to his relationship to the war in Vietnam. Rather than pay a price to serve his country, or to oppose the war, he used his privilege to weasel out — like most of the men of his generation who have been running the country.