| | Treason prosecutions in the modern U. S. are exceedingly rare; although an [[al-Qaeda]] operative born in [[California]] was recently indicted, other U. S. citizens who have fought in [[Afghanistan]] on the [[Taliban]] side, notably [[John Walker Lindh]] and [[Yasser Esam Hamdi]], were tried on lesser charges, and Hamdi is now a free man. This is in part because there were no treason prosecutions arising from the [[Cold War]]; even the Rosenbergs were tried and sentenced to death for [[espionage]], the selling of secrets, which led their lawyers to complain that they were being treated more harshly than the average American traitor in [[World War II]], only two of whom having been sentenced to death. [[Aldrich Ames]], originally charged with treason after his spying for [[Russia]] during the Cold War was revealed, averted prosecution for this charge by reaching with the government a plea agreement to lesser charges, and is now serving a life sentence. | | Treason prosecutions in the modern U. S. are exceedingly rare; although an [[al-Qaeda]] operative born in [[California]] was recently indicted, other U. S. citizens who have fought in [[Afghanistan]] on the [[Taliban]] side, notably [[John Walker Lindh]] and [[Yasser Esam Hamdi]], were tried on lesser charges, and Hamdi is now a free man. This is in part because there were no treason prosecutions arising from the [[Cold War]]; even the Rosenbergs were tried and sentenced to death for [[espionage]], the selling of secrets, which led their lawyers to complain that they were being treated more harshly than the average American traitor in [[World War II]], only two of whom having been sentenced to death. [[Aldrich Ames]], originally charged with treason after his spying for [[Russia]] during the Cold War was revealed, averted prosecution for this charge by reaching with the government a plea agreement to lesser charges, and is now serving a life sentence. |
| − | The decision not to charge the Rosenbergs with treason may stem from the fact the Cold War remained latent, instead of being formally declared by [[Congress]]. This would mean that the definition of "enemies" is actually more problematic than that of any other word in the Constitution's treason clause, since the Rosenbergs undoubtedly adhered to the [[Soviet Union]] and gave it 'aid and comfort'. Comparably, [[Jonathan Pollard]] was also charged and convicted of with espionage when he passed American secrets to [[Israel]], a state usually described as a stalwart ally of the U. S., and sentenced to life inprisonment. As with the Rosenbergs, there were loud protests; this time including calls for a Presidential [[pardon]]. | + | The decision not to charge the Rosenbergs with treason may stem from the fact the Cold War remained latent, instead of being formally declared by [[Congress]]. This would mean that the definition of "enemies" is actually more problematic than that of any other word in the Constitution's treason clause, since the Rosenbergs undoubtedly adhered to the [[Soviet Union]] and gave it 'aid and comfort'. Comparably, [[Jonathan Pollard]] was also charged with and convicted of espionage when he passed American secrets to [[Israel]], a state usually described as a stalwart ally of the U. S., and sentenced to life inprisonment. As with the Rosenbergs, there were loud protests; this time including calls for a Presidential [[pardon]]. |