I do not believe prosecution for treason is possible given the very narrow definition in the constitution.
To be convicted, you have to levy war against the States or adhere to their enemies, giving them aid and comfort.
Since the reason this crime was defined in the Constitution to begin with was the abuse of treason under the British monarchy, it can’t be true that “their enemies” is a subjective matter for the Executive to decide, since the next Obama could declare that posting on conservative websites made you an enemy of the States.
I do not believe there has been a treason prosecution without a state of war declared by Congress. Jefferson Davis was not charged with treason. Alger Hiss was not charged with treason. The Rosenbergs were not charged with treason. Even Jane Fonda was not charged with treason.
well, if Jane Fonda wasn’t charged with treason then it is a dead letter provision. like the rest of our US Constitution, at least insofar as our Bill of Rights was concerned.
or something like that, anyway.
maybe we need a few prosecutions to reinvigorate or resurrect the law. people should not be permitted to intentionally screw around with our national security, defense in my humble opinion this is why we and almost all civilized nations have treason, sedition, and state secrets laws of various kinds