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During the Cold War, we rarely even charged spies with treason.
Clayton Lonetree: US Marine who let the KGB into the cipher room at US Embassy Moscow in exchange for sex, was convicted of espionage, sentenced to 20 years, released after serving 9
Jonathan Pollard: Civilian Naval Intelligence analyst who passed tons of US classified information to Israel. Pled guilty (plea-bargain, never went to trial) to espionage, sentenced to life without parole.
James Hall: a US Army warrant officer, Hall provided so much intelligence to the East Germans and the Soviets for money that the KGB told him to slow the fuck down before someone noticed how much he was walking out the door with. Was busted after the Stasi and the KGB, who had an information-sharing system established, realized they were paying twice for the same intel. Convicted of espionage, sentenced to 40 years in prison.
Michael Peri: a specialist-four assigned to the 11th Armored Cavalry Regiment, he got pissed off one day that his boss wouldn't let him take leave when he wanted to. He copied the 11th ACR's battle plans to a laptop, drove to East Germany and offered himself up for political asylum. The East Germans gave him to the KGB. The KGB copied the battle plans to their own computer, then called the 11th ACR staff duty office and told them to come get him. Convicted of espionage, sentenced to 30 years in prison.
These people were all traitors, and none of them was charged with treason. It's extremely hard to convict on treason charges because of the high bar the Constitution sets; espionage, by comparison, is an easy conviction.
There are crimes the Bushies are clearly guilty of--election fraud, conspiracy to violate restricted airspace (when Bush allowed bin Laden's relatives to leave the country on airplanes while the US airspace was closed) conspiracy to defraud Congress, false official statements, outing CIA officials, just hundreds of things. Screaming Treason! isn't gonna help; we can't convict on it (even though we could arguably get them for this on the $43 million to the Taliban and allowing bin Laden's relatives to return to Saudi Arabia), so let's try charging them with things we can put them in jail, or on the gurney, for. Yes, I think some of the actions of this government rise to the level of capital crimes.
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