Changes

The [[U. S. Constitution]] defines treason as "levying war against the United States, or in adhering to their enemies, giving them aid and comfort."  It also (copying an earlier English statute, the Statute of [[Edward III]]) requires that no conviction shall be had for this crime in the absence of the sworn testimony of two witnesses.  The high point of treason prosecutions came under the administration of [[Woodrow Wilson]], when the [[Espionage Act of 1917]] and [[Sedition Act of 1918]] were used to convict scores of Americans for treason based upon speeches against American participation in [[World War I]].  The Sedition Act was eventually repealed (although at least two sections of the Espionage Act remain in U. S. law) and the modern [[clear and present danger doctrine]] was formulated to determine when the U. S. or any state could resort to restricting [[First Amendment]] rights to free expression.

The [[U. S. Constitution]] defines treason as "levying war against the United States, or in adhering to their enemies, giving them aid and comfort."  It also (copying an earlier English statute, the Statute of [[Edward III]]) requires that no conviction shall be had for this crime in the absence of the sworn testimony of two witnesses.  The high point of treason prosecutions came under the administration of [[Woodrow Wilson]], when the [[Espionage Act of 1917]] and [[Sedition Act of 1918]] were used to convict scores of Americans for treason based upon speeches against American participation in [[World War I]].  The Sedition Act was eventually repealed (although at least two sections of the Espionage Act remain in U. S. law) and the modern [[clear and present danger doctrine]] was formulated to determine when the U. S. or any state could resort to restricting [[First Amendment]] rights to free expression.

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, avoided prosecution for this charge by reaching 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 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]].

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 and sentenced to life imprisonmment for passing American secrets to [[Israel]], a state usually described as a stalwart ally of the U. S.  As with the Rosenbergs, there were loud protests, this time including calls for a Presidential [[pardon]].

[[category:government]]

[[category:government]]