Treason

(Unsurprisingly, I haven’t seen much of anything or anyone who has reported on this. )

As we have seen in many cases over the last 6 years, words can be incredibly powerful. Just to cite a few that come to mind: signing statements (the most subtle), the incessant invocation of “war on terror,” “post-9/11-world,” etc.( the most blunt), the use of VNRs and other forms of “propaganda” according to admissions by the Justice Dept. and the Pentagon (the most invasive and insidious). But here is another fantastic one, shamefully one that I did not recognize until today, while researching the class I teach this summer (philosophy of law).

You may have heard people over the years refer to bad people’s giving “aid” and/or “comfort” to our enemies, to terrorists, etc. This sounds like typical, even benign mudslinging. Right?

Perhaps. One might dismiss such comments save the ubiquitous use of them by the administration (et al). One might pay more attention to the comments given the administration’s careful use of words (see above). One’s jaw might drop, however, if one reads the U.S. Constitution.

Article III, Section 3 of the Constitution deals with Treason. Given that Treason is arguably the most heinous offense available for a human being in the eyes of the state (to my limited knowledge, it is the sole crime of any sort named in the Constitution, prior to the Amendments), this is an issue of some import. The Section reads as follows:

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

Did everyone catch the phrase?

Now, as to how, when, by whom, and regarding whom this phrase has been leveled:

Frederick (then GOP chairman): Daschle, overall in his role as minority leader (09/04).

Hannity (FOX News pundit): anyone who questions U.S. policies, particularly the media (01/19/06).

Rep. Michael Burgess (R-TX): All democrats (05/10/04).

Ashcroft: anyone who questioned his actions, who anyone criticized the administration’s policies regarding security, anyone who voted against the Patriot Act (09/18/03, 12/07/01).

Bush: anyone who aids a terrorist is a terrorist and the U.S. shall fight these persons (11/21/01, to Joint Session of Congress).

And again: anyone who criticizes Iraq war “irresponsibly” or questions the reason(s) we went to war (01/11/06).

Again: Spain (04/19/04; my personal favorite).

Cheney and Rumsfeld have made countless insinuations, but they are far more clever in the art of public speech. Thus, they have never directly stated these particular words, even when pressed by reporters using the specific phrases (though they find some more diplomatic means of saying the same thing). Seems more to belie the special consideration intended by and for such words rather than to deny or downplay it.

Simple logical progression:

Treason is giving aid and/or comfort to enemies of the U.S.

The U.S. is at war against terror and all terrorists.

Terrorists are our enemies.

Friends of terrorists are terrorists.

Treason is giving aid and/or comfort to terrorists.

The War on Terror is not a “conventional” war, and therefore may require extreme measures.

Extreme measures include, but are not limited to: suspension of habeas corpus (indefinite detainment without charge, without trial, access to lawyer or family, etc.), use of military tribunals, rendition (clandestine moving of detainee to undisclosed, unmonitored location in foreign land with no laws or oversight concerning torture), torture, execution.

Extreme measures may be used on, e.g., the entire country of Spain.



-W



P.S. This witch hunt comes closer to home than you may think. By these criteria, I AM A TERRORIST. (I put it in bold so the NSA wouldn’t miss it. There you go, boys: a typed admission of my guilt as a terrorist, as if you didn’t already think so from all my other emails.) And, unfortunately for all of you who would call me a friend, YOU ARE ALL TERRORISTS. And apparently your friends are terrorists too, and their friends…