Friday, April 24, 2015

Treason and Traitors

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.

So says 18 U.S.C. §2381, the federal statute that defines treason and its consequences. Furthermore, 18 U.S.C. §2385 states: 

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.

To me, it seems pretty clear what treasonous and seditious activity is.  Lately, with the recent revelations that two turncoat Americans, Adam Gadahn and Ahmed Farouq, were killed in drone strikes, there's been a lot of handwringing about the lack of due process afforded these traitors prior to their executions.  From a purely legal standpoint, there's probably some truth to the concern.  A duly sitting court of law with the traitors represented by counsel before the obvious verdict is handed down never existed for these two (and a couple of others before them, it should be noted).  Technically, this is wrong according to our constitutional guarantee.  

At the same time, I have no trouble with what happened to them.  Nevermind the collateral deaths of two hostages -- that's another topic for another day.  These two traitors were clearly bent on the overthrow of our way of life and the installation of sharia law, a medieval way of life that elevates Islamic men over all others, with serious consequences for anyone not an Islamic man or one not following sharia law to the letter.  

It's antithetical about everything I believe as an American, an attorney and a human being. Were the most heinous criminal in American history, caught on tape doing his crimes, to be brought to justice, I would insist that he first have the benefit of his constitutional guarantees.  But these traitors are a different breed apart.  They threaten not only our lives, but our way of life and all that we hold dear.  They want to convert the entire world into an Islamic caliphate.

I don't claim to know a lot about the Koran.  I have a copy -- know they enemy, they offered to send me a free copy, probably thinking I would be happy to convert once I read their truths -- and intend to read it to decide for myself whether it's the religion of peace as they claim.  In the meantime, these two traitors, whether they've bought into a radical version of Islam or the real thing, meet the defintions set forth in the United States Code as traitors.  Since trying to round them up to bring them to justice as we'd expect under our system of justice is problematic, I have no issue with them being eliminated without due process.  For my money, they've forfeited their right to constitutional protections through their treason.  What's more, by actively waging war outside the country against us, they necessarily don't have the same level of rights as they would were they in the country.  In other words, were they caught here planning terrorism, or if they'd carried out an attack here and were caught, then they'd have to get their constitutional rights.  But outside the country, they enjoy no such privileges.

It's hard, it's indifferent and it's fundamentally wrong, but I have no trouble with my position.  They wouldn't hesitate to kill me and mine because we're Christian.  I have no hesitation killing them because they're traitors.

(c) 2015 The Truxton Spangler Chronicles

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