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clydefo · 12-05-2001, 08:57 PM

Is John Walker, US citizen cum Talibaner, a traitor or is he a religious student caught up in a bad situation when the US started bombing?

Consider:
US Constitution. Article III
Section 3. 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 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.

US Code. Title 18. Sec. 2381. Treason
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.

Questions for anyone that I have about Treason:

Is there any evidence that Walker committed an “overt act” and are there two witnesses against him?

Who “owes allegiance to the United States”? Certainly a military officer like Benedict Arnold does.
What about an illegal immigrant earning his living in the US and enjoying police and fire protection, schooling for his kids, etc? Does a citizen owe allegiance solely by virtue of his citizenship? Someone can voluntarily take a “Pledge of Allegiance to the flag and to the country for which it stands…”; does this have any legally binding consequences? Does it imply that one can choose not to “owe allegiance”?

Must there be an element of treachery or betrayal of trust?

Has anyone ever been convicted of Treason?

12-05-2001, 08:57 PM	#1
clydefo Member (8 bit) Join Date: Jul 2000 Posts: 209	Most Dare Call It Treason Is John Walker, US citizen cum Talibaner, a traitor or is he a religious student caught up in a bad situation when the US started bombing? Consider: US Constitution. Article III Section 3. 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 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. US Code. Title 18. Sec. 2381. Treason 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. Questions for anyone that I have about Treason: Is there any evidence that Walker committed an “overt act” and are there two witnesses against him? Who “owes allegiance to the United States”? Certainly a military officer like Benedict Arnold does. What about an illegal immigrant earning his living in the US and enjoying police and fire protection, schooling for his kids, etc? Does a citizen owe allegiance solely by virtue of his citizenship? Someone can voluntarily take a “Pledge of Allegiance to the flag and to the country for which it stands…”; does this have any legally binding consequences? Does it imply that one can choose not to “owe allegiance”? Must there be an element of treachery or betrayal of trust? Has anyone ever been convicted of Treason?