#47Traitors: Treason, Sedition...or merely Subversive Activities?.....only Treason carries the death penalty.
Sedition is an overt subversive act which leads to incitement against status quo or authority or order. It is a challenge to the establishment. It may be a book, a painting, an idea, a speech, pretty much anything that can act as a vehicle of an anti-establishment idea. A letter signed by a majority of a single opposition party sent directly to a foreign power and enemy against the will of the executive branch constitutionally tasked with foreign relations and policy....would seem to qualify, but a long shot.
Treason, on the other hand, involves colluding with anti-national forces in terms of providing material support to people or groups who work against the idea of one's nation.
So, not treason...."no material support". Not sedition, no "force".
18 U.S. Code § 2384 - Seditious conspiracy
Current through Pub. L. 113-296, except 113-287, 113-291, 113-295
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
18 U.S. Code § 2381 - Treason
Current through Pub. L. 113-296, except 113-287, 113-291, 113-295.
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.
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So not treason or sedition...BUT......
*Rebellion or Insurrection*
18 U.S. Code § 2383 - Rebellion or insurrection
"Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States."
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I am no international and constituional law lawyer or prosecutor, but I would go with Rebellion and
Insurrection, the lessor of the three evils, easier to prove, the punishment is lessor but sufficient.
Maybe charge with treason AND sedition and plea bargain down to mere insurrection?
https://www.law.cornell.edu/uscode/text/18/part-I/chapter-115
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