[stars & stripes forever]

QUESTION? When does SEDITIOUS CONSPIRACY cross the line to become TREASON?

[Cletus.D.Yokel]

MOAR: con·spir·a·cy. [kənˈspirəsē] NOUN 1) a secret plan by a group to do something unlawful or harmful. "a conspiracy to destroy the government" 2) the action of plotting or conspiring. "they were cleared of conspiracy to pervert the course of justice" Helpful?

[Calm_Cool_and_Elected]

QUESTION? When does SEDITIOUS CONSPIRACY cross the line to become TREASON?

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Disclaimer: Not a lawyer nor do I play one on TV.

When I read your post, the first thing that came to my mind was the involvement of some type of foreign entity. Upon some cursory searching, there is indeed a foreign involvement component but not necessarily. So I technically don’t know.

[Hostage]

There is a part of the treason, sedition, conspiracy statute that makes precise the elements of treason. The line is "Oath of Allegiance".

Every member of the government, every naturalized citizen, every member of the military, all are required to take the Oath. Natural born Americans are not required to take the Oath but they can be charged with conspiracy and sedition (e.g., Jane Fonda).

Let's break it down:

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.

Note that "enemies" in the above language means enemies foreign and domestic.

Treason is the higher crime of the group and is the only one that carries the highest penalty of death. But death is not mandatory, as the penalty can be imprisonment and fine. The amount of imprisonment and fine is unlimited. For example, John Brennan, if convicted of treason, can be imprisoned for life and ruined financially. If a member of government is found to have leaked to the Chicoms the identities of US agents in China that resulted in their deaths, then it's likely the death penalty will follow to the leaker.