Our Residual Treason

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PAC-fit

PAC-fit

Well-known member
Sep 20, 2018
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Inquiry: If I help an army of well-armed enemy nationals of the Hamas terror group cross the U.S. border, would that be an act of treason?​

AI Overview:

''Helping an army of well-armed enemy nationals of a designated Foreign Terrorist Organization (FTO) like Hamas cross the U.S. border is a serious federal crime that could lead to charges of treason, though it would more likely and more easily be prosecuted under specific anti-terrorism and material support laws.

Treason

Under Article III, Section 3 of the U.S. Constitution, treason requires two elements:
  1. Adherence to an enemy: The U.S. government must be in a state of declared war with a foreign nation. While the U.S. government considers Hamas an enemy, the U.S. is not in a congressionally declared war with Hamas or any nation that formally governs it.

  2. Giving aid and comfort to that enemy: This requires an "overt act" of assistance, not just disloyal thoughts or intentions. Helping well-armed enemy nationals cross the border would likely meet this threshold, but only if the first element—a declared war—is also met.
Because of the strict constitutional requirements for a treason conviction and the difficulty of proving it, the U.S. Department of Justice rarely pursues these charges.

Anti-terrorism and material support laws

Instead of treason, such actions would almost certainly be prosecuted under anti-terrorism laws, which carry severe penalties and are much easier for the government to prove.
  • Material support to terrorism: Hamas is a U.S. government-designated FTO. Under 18 U.S. Code § 2339B, it is a federal crime to knowingly provide "material support or resources" to a designated FTO. This can include providing personnel and transportation, which directly applies to your described scenario.
  • Conspiracy and aiding and abetting: You could also face charges of conspiracy or aiding and abetting for assisting foreign nationals who intend to commit terrorist acts within the United States.
  • Other charges: Depending on the specific circumstances, other federal offenses related to immigration violations, terrorism, and firearms may also apply.
Why treason is unlikely but serious charges would still apply
  • Legal standard: The legal bar for proving treason is exceptionally high. The government must have the testimony of at least two witnesses to the same overt act or a confession in open court.
  • Prosecutorial preference: For national security cases, prosecutors generally rely on anti-terrorism statutes. These laws do not require a formal declaration of war and offer a more straightforward path to conviction.
  • Severe penalties: A conviction for providing material support to a terrorist organization can result in decades of imprisonment or life in prison if death results from the offense.''
OUTRAGEOUS!

Your thoughts appreciated!

Further Thoughts
 
Not really outrageous at all. The requisites or threshold for meeting a charge of treason seem to be clearly stated. Either way, if prosecuted justice will prevail.
 
Yes,it's Treason.
I'd hope some eagle eyed Texan would stop you and those terrorists in your tracks.


The United States has been under a state of emergency for decades.
 
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tourist said:
Not really outrageous at all.
Click to expand...
In comparison, you are right, I don't enjoy naming the denominations who filled my shoes in the OP (though it was not an 'army'). That was the outrageous part. And after all that has happened that I am aware of, , not even close to being a collision-course between the Gospel's "stranger" to be welcomed and the epistle's "traitor" to be watchful for, for they were all lumped en masse. That would have been much more tolerable.
 
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"helping an army of well-armed enemy nationalists"..... good thing that's not happening.
 
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