Understanding Our Constitution - Part 22 - Treason, the Only Crime Defined in the Constitution

The crime of treason covers some of the more serious acts of disloyalty to one’s nation. A person who commits treason is known as a traitor.

Article III, Section 3 of the US Constitution defines treason in the United States:

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. The Congress shall have the power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

“Aid and comfort” refers to any act that shows a betrayal of allegiance - such as furnishing enemies with arms, troops, transportation, shelter, or classified information.

“Attainder” is a term relating to descendants not inheriting property etc. from an attainted criminal. “Corruption of Blood” is the consequences of Attainder. The Constitution states that the only one who can lose property is the convicted criminal.

As in any other criminal trial in the United States, a defendant charged with treason is presumed innocent until proved guilty beyond a reasonable doubt. Treason may be proved by a voluntary confession in open court or by evidence that the defendant committed an overt act of treason. Each overt act requires two witnesses. Treason will not stand, if this is not satisfied.

General Benedict Arnold has become a symbol of treason, when he unsuccessfully schemed to surrender the army at West Point to the British - fleeing to the British after his plot was discovered. His name is synonymous with betrayal.

Two well-known radio personalities in World War II, Tokyo Rose and Axis Sally were both convicted of treason - but Tokyo Rose was pardoned by President Gerald Ford when it was revealed she was a double agent.

The Treason Clause applies only to disloyal acts committed during times of war. Acts of disloyalty during peacetime are not considered treasonous under the Constitution.

An act of espionage committed on behalf of an ally does not constitute treason. Julius and Ethel Rosenberg were convicted of espionage for helping the Soviet Union steal atomic secrets during World War II. But, as the Soviet Union was an ally during that war, it was not considered treason.

On October 11, 2006, a federal grand jury issued the first indictment for treason against the United States since 1952. Adam Yahiye Gadahn (born Adam Pearlman) was charged for videos in which he spoke in support of Al-Qaeda. He was indicted based on the testimony of an FBI agent - for aiding an enemy of the United States.

Before this indictment, on May 26, 2004, US Attorney General John Ashrcroft and FBI Director Robert Mueller announced that reports indicated that Gadahn was one of seven Al-Qaeda members who were planning terrorist actions.

The United States Code at 18 § U.S.C. 2381 states

“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.”