Can Julian Assange, A Foreign Citizen, Be Guilty Of Treason Against America?

Pinochet

[pinochet]

I hate Julian Assange's guts, and believe he has done great harm to America. But the legal case against him is very weak, and such a case made against him by the US government would have no precedent in legal history. Last week, one dunderhead on a talk radio show I was listening to, accused Julian Assange of being a traitor to America. Apparently, the dunderhead was unaware of the fact that Assange is an Australian citizen, and not an American citizen.

Treason can only be committed by an American citizen, and not by a foreigner. Americans are obligated by law, to be loyal to their country. Foreigners are under no obligation to be loyal to America. Foreigners are under no obligation to obey American laws, when they are living in their own countries.

The perp who leaked the documents to Assange is a traitor to America, and should be jailed for a long time. But it is very hard for America to make a case against Assange, because foreigners living in foreign countries, are under no obligation to obey American laws. If an American citizen is harmed in a foreign country, he often seeks legal redress in the foreign country in which he is living, according to the laws of that country.

[pinochet]

I do not even think it is possible to make an espionage case against Assange, because espionage cases against foreigners often involve foreigners living in America, not foreigners living in foreign countries. Whenever America arrested foreign spies from Russia, it was only the foreigner living in America who was held responsible for espionage, and not his handler and boss in Russia. Assange was also a passive recipient of US classified documents, and there is no evidence that he paid any American for those documents, would constitute an attempt to corrupt an American government official.

[camerongood210]

Would it be possible to charge him as an enemy combatant?

[Borges]

I would assume he could be charged with Espionage.

[ZirconEncrustedTweezers]

Treason? Probably not. But I’m sure a case could be made for espionage.

[La Lydia]

He can and will be charged with espionage.

[wideawake]

Treason against Australia? Absolutely.

Against America? Not treason, but certainly espionage.

For purposes of espionage, it does not matter one bit whether one even sets foot in the USA during the commission of the crimes.

[I Buried My Guns]

The foreign-born corolary to "traitor" is "enemy combatant".

We had several on the East Coast in WWII.

We executed them.

[B Knotts]

No. But he could be probably be charged with treason against Australia, which is also involved in the war.

Whether that’s likely, or even a good idea, is another question.

[ExGeeEye]

...or, my preference, suffer a freak accident or come down with a rapidly terminal disease.

[bigbob]

I think he should be charged with jaywalking, extradited to the US, and brought to court by way of some dark alleys occupied by special forces and undercover agents his actions have put in jeopardy. Then we wouldn’t have to worry about what to charge him with.

[Borges]

Don’t Enemy Combatants have to be on American soil to be such?

[DM1]

“I do not even think it is possible to make an espionage case against Assange, because espionage cases against foreigners often involve foreigners living in America, not foreigners living in foreign countries. “
um not always
our allies or even neutral countries would scoop up spies in their own nations sometimes charged with espionage against us.

[Non-Sequitur]

In 1859, Virginia tried and convicted John Brown of treason against the commonwealth even though he did not and had never lived in Virginia. So the precedent is there...

[camerongood210]

Don’t Enemy Combatants have to be on American soil to be such?

I don't think so. We hold the captured fighters in Iraq and Afghanistan as enemy combatants IIRC.

[Dan(9698)]

Don’t Enemy Combatants have to be on American soil to be such?

No

[Red Dog #1]

"Can Julian Assange, A Foreign Citizen, Be Guilty Of Treason Against America?"

No.

trea·son   /ˈtrizən/ Show Spelled [tree-zuhn] Show IPA

–noun 1. the offense of acting to overthrow one's government or to harm or kill its sovereign. 2. a violation of allegiance to one's sovereign or to one's state. 3. the betrayal of a trust or confidence; breach of faith; treachery.

http://dictionary.reference.com/browse/treason

[La Lydia]

Or accidently drink that polonium-210 energy drink someone left in his fridge.

[JerseyHighlander]

The only way I can see Assange being prosecutable under United States treason laws was if he was a United States intelligence asset before the Wikileaks releases, and had broken his oath to the CIA by going rogue with Wikileaks.

Think about that one.

[pinochet]

>>>>For purposes of espionage, it does not matter one bit whether one even sets foot in the USA during the commission of the crimes

Do you know of any case where a foreigner living in a foreign country, was convicted of espionage in an American court? We know that Russians working for the KGB who are living in America, have been jailed for espionage. But has any KGB official living in Russia, ever been convicted of espionage, for activities he carried out in Russia?

[FromLori]

Personally I think a lot of what he leaked was a good thing like the information about how the Arab states feel about Iran. There were many things that made liberal’s look bad IMO and I noted the liberals loved him until he said 9/11 was not a conspiracy. There is also the fact that many papers like the NY Slimes reported these things will they be charged?

Anyway

Problems with the Espionage Act

http://www.lawfareblog.com/2010/12/problems-with-the-espionage-act/