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To: xone

Enemy combatants go to a prison camp, and are not tried unless a war crime is committed by them.

Aiding and abetting an invasion into a sovereign (US) country isn’t considered treason and qualifies as a war crime?


1,221 posted on 06/26/2023 11:47:22 AM PDT by freeangel ( (free speech is only good until someone else doesn't like it)
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To: All

Sometimes the hours in a day just fly by...
3:15 prayer time almost here.
Pray for our nation and dear FRens.

“Though the mountains be shaken and the hills be removed, yet my unfailing love for you will not be shaken nor my covenant of peace be removed,” says the LORD, who has compassion on you.
Isa. 54:10


1,225 posted on 06/26/2023 12:00:13 PM PDT by Marmolade
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To: freeangel
Aiding and abetting an invasion into a sovereign (US) country isn’t considered treason and qualifies as a war crime?

Short answer no.

Treason is a unique offense in our constitutional order—the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States. While the Constitution’s Framers shared the centuries-old view that all citizens owed a duty of loyalty to their home nation, they included the Treason Clause not so much to underscore the seriousness of such a betrayal, but to guard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition. https://www.bing.com/search?q=treason+warcrime&form=ANNTH1&refig=7d237aed62434e95a48c0abcc985bebe

More: The offense of “levying war” against the United States was interpreted narrowly in Ex parte Bollman & Swarthout (1807), a case stemming from the infamous alleged plot led by former Vice President Aaron Burr to overthrow the American government in New Orleans. The Supreme Court dismissed charges of treason that had been brought against two of Burr’s associates—Bollman and Swarthout—on the grounds that their alleged conduct did not constitute levying war against the United States within the meaning of the Treason Clause. 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.

Treason requires a confession in open court or testimony of two witnesses to the same overt act.

Further: In other words, the Constitution requires both concrete action and an intent to betray the nation before a citizen can be convicted of treason; expressing traitorous thoughts or intentions alone does not suffice. same ref. War crimes are defined elsewhere. None of this should be disheartening, these folks have done enough under LOAC to get the ultimate punishment.

1,226 posted on 06/26/2023 12:06:27 PM PDT by xone ( )
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