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To: calenel

“At the behest and for the benefit of a hostile foreign power or powers? Hmmm.”


Full disclosure, I’m not a lawyer, don’t play one on T.V. and I haven’t stayed at a Holiday Inn. Because of how the Brits historically misused the crime of treason, the Founders wisely decided to strictly define treason in the Constitution. It refers to giving aid and comfort to an enemy. While Communist China may be a hostile foreign power, it has never been an ‘enemy’ of the U.S. in the sense that we’ve never been officially at war with the nation.

As I stated earlier, the last person actually executed for treason was during the Civil War and his treasonous act consisted of taking down the U.S. flag. It could well be that treason might be an impossible to prove in a modern courtroom.

As to other charges, the thieves of this election might face, I sure they could be charged with something, but getting a conviction in any urban area might be tricky. Certainly in D.C. no democrat need fear a jury trail no matter how much evidence is presented. And the inverse is true as well. Any Republican charged with anything will be convicted.


597 posted on 11/16/2020 3:18:39 PM PST by hanamizu
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To: hanamizu

Lindsay Graham was very careful to establish where regular Constitutional protections ended when he questioned Kavanaugh during his SCOTUS hearing.

There is a doctrine of law called the Law of Armed Conflict. On September 14, 2001, the country moved to a war footing and this legal environment was essentially established.

IF a foreign power is involved in any of this, then it will be settled by tribunal, not by a court.

It was Graham’s entire point.

I’m sure someone’s lawyer will argue the point, but when Five Eyes got involved in all of this, the legal trigger for this Law of Armed Conflict doctrine was met.

I very much hope we’ll be able to test all of this smoke-filled coffee-house legal theory in the not to distant future.


608 posted on 11/16/2020 3:24:09 PM PST by RinaseaofDs
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To: hanamizu

The Chinese have openly stated we are their enemy. They have attacked our physical infrastructure, and arguably, waged biological war on us (you may not see it, but I see the distribution of casualties as determinative). They have engaged in relentless wholesale espionage and theft of intellectual property. And Trump had them on their heels, while Biden is in their pocket. There are increasing amounts of information pointing to their hand in this.

YMMV


614 posted on 11/16/2020 3:30:09 PM PST by calenel (Tree of Liberty is thirsty.)
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