02-10-2021, 11:19 AM
(02-10-2021, 11:11 AM)michaelsean Wrote: You can read the case law from Marshall that pretty much defined it. People were conspiring to overthrow the government but they did not actually attempt it. That’s why they weren’t guilty of treason. Not because no enemies were involved. The constitution specifically says levying war as one way and adhering to enemies as a second way.
The President of the United States can't by virtue of being President levy war against the United States. That eliminates that piece, so you are stuck with some sort of conspiracy to aid enemies, but even that is difficult because as President he could aid enemies on behalf of the United States...as he decides who enemies are to ane extent.
