March 18, 2025 - Lionel Nation
14:20
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| There is not a day that goes by, and I mean that, where somebody doesn't say that Biden or Obama or Hillary or Kamala should be charged with treason, that somebody should be charged with treason. | |
| I hear this all the time, treason. | |
| And I say, you don't really understand it. | |
| And that's the point. | |
| Why do so few people understand treason? | |
| So what this is, this is very simply about understanding treason. | |
| Why it's nearly impossible to charge it in the U.S. That's not the charge you want if you want to go after these people. | |
| But here's what every American should know, and I want you to listen. | |
| It's a tutorial. | |
| The word treason... | |
| Like I said, it gets thrown around a lot in politics, and especially when we talk about what people are seeing regarding the actions of folks who seem to be betraying the United States, betraying the Constitution, betraying our values. | |
| But in a legal sense, treason is not just a vague concept, it's one of the most specifically defined crimes in American law. | |
| And the Constitution is very, very clear on what treason is, how it must be proved, and when it applies. | |
| Because of these strict legal requirements, treason is rarely charged, and even more, rarely proven in court. | |
| So, let's go through this, shall we? | |
| Let me provide this tutorial. | |
| First, the legal definition of treason. | |
| The United States Constitution, It defines treason in Article 3, Section 3, as follows. | |
| Treason against the United States shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort. | |
| That's it. | |
| This definition, this very specific definition, sets two ways a person can commit treason. | |
| Number one, levying war against the United States. | |
| This means, very specifically, taking arms, taking up arms against the government, such as leading or participating in an armed rebellion, something along those lines, or providing aid and comfort to an enemy. | |
| And this means giving material support to an entity the U.S. is at. | |
| Not antagonistic to war. | |
| Is that tough? | |
| Are we at war with cartels? | |
| Well, maybe euphemistically, are we at war with terror? | |
| Poverty? | |
| I don't know. | |
| Treason has a higher standard of proof than almost any other crime. | |
| A conviction requires either a confession in open court or the testimony of two witnesses To the same overt act of treason. | |
| Now this makes it virtually impossible, if not extremely difficult, to prosecute. | |
| Even in cases where people believe that treason has occurred. | |
| So listen very, very carefully. | |
| It's fascinating. | |
| The next question is, do we have to be at war for treason to apply? | |
| And one of the biggest limitations on charging treason is that the United States must be at war. | |
| I'm doing a lot of these today. | |
| With an enemy. | |
| This is why people like Julius and Ethel Rosenberg, who were convicted of giving nuclear secrets to the Soviet Union, were not charged with treason. | |
| Let me think about that. | |
| But instead with espionage. | |
| Mere espionage. | |
| And look what happened to the mere espionage. | |
| Now the U.S. was not officially at war with the Soviet Union during the Cold War, and even though they were a clear geopolitical adversary, it didn't matter. | |
| Since treason requires an enemy to be someone we are formerly at war with, the legal system adopted, or opted rather, I should say, for espionage instead. | |
| And that's what happened. | |
| And which still, by the way, carried the death penalty. | |
| So this is also why Edward Snowden and other leakers of classified information have been charged with espionage. | |
| And Assange, if you think about this, rather than treason, and when I say that theoretical talk, even though their actions, Arguably, to some people, benefited foreign nations. | |
| Now, since the U.S. has not been at war in the traditional sense, the legal standard for treason doesn't apply. | |
| So what does it mean to give aid and comfort? | |
| The phrase giving aid and comfort to the enemy is often debated, and it must be real, tangible support. | |
| Words are not alone. | |
| Not, hey, good for you, support, moral courage. | |
| It's like we're using a compass statute. | |
| A to bet counsel, procure, hire. | |
| Expressing anti-American views or criticizing the government doesn't qualify, no matter how offensive it may be. | |
| To meet the standards for treason, the person must have provided money, intelligence, weapons, or other resources to a group or country the U.S. is at war with. | |
| And it's done so with the intent to help that enemy and harm the United States. | |
| So, for example, someone secretly supplying weapons to Al-Qaeda during a declared war could be charged with treason, but a journalist writing an article critical of the U.S. foreign policy, even if it is used by an enemy as propaganda, would not be committing treason, because there is no direct material support being given. | |
| And the last people, the last... | |
| Folks convicted of treason, Tokyo Rose and Axis Sally. | |
| In U.S. history, only a handful of people have been convicted of treason. | |
| The most famous, of course, is Tokyo Rose, Eva Toguri, and Axis Sally, Mildred Gillars, both American women who broadcast propaganda for enemy nations during World War II. | |
| And that was it. | |
| Tokyo Rose was accused of spreading Japanese propaganda through evidence, later showed that she was coerced into it. | |
| She was convicted and sentenced to 10 years in prison, but later was pardoned. | |
| Axis Sally worked for Nazi Germany, Now, these cases were successful because the U.S. was officially at war with Japan and Germany, making their actions clear violations of the treason statute. | |
| But then again, material, actual aid and comfort, I don't know. | |
| I'm sorry. | |
| But in World War II, nobody was about to give them the benefit of the doubt. | |
| So why is treason so rarely charged? | |
| And there have been many instances in U.S. history where people behaved, or rather believed, I should say, and behaved, that treason was occurring, but charges weren't pursued. | |
| Aaron Burr, 1807. | |
| It was in all the papers. | |
| I'm sure you've heard of it. | |
| This was accused of treason for allegedly planning to form his own nation in the western U.S. However, the courts ruled that since no war had been declared and there was no direct act of violence, treason didn't apply. | |
| What about Confederate leaders after the Civil War? | |
| That had to be treason, right? | |
| They could have been charged with treason, but Andrew Johnson issued mass pardons, avoiding trials. | |
| John Walker Lynn, remember that guy in 2001? | |
| He was the American captured, the American Taliban, or fighting for the Taliban in Afghanistan. | |
| While many called for treason charges, he was convicted instead of providing material support to a terrorist organization. | |
| Okay. | |
| Why? | |
| In all these cases, the high legal standard for treason meant that prosecutors either chose lesser standards or avoided prosecution altogether. | |
| Now, what about treason versus espionage? | |
| What's the difference? | |
| Many people use treason to describe what is legally called espionage. | |
| Espionage is a much broader crime that does not require a formal war or an enemy. | |
| Treason only applies during a declared war and requires clear evidence of overt acts of betrayal. | |
| But espionage can occur at any time and involves spying, Leaking classified information or working against U.S. interests even in peacetime. | |
| And this is why spies and whistleblowers and others accused of betraying Americans are usually charged under the Espionage Act of 1917, which carries heavier penalties, including life in prison or execution. | |
| So, why treason is used as a political term? | |
| Good question. | |
| I'm glad I asked it. | |
| Many Americans, particularly conservatives and Trump supporters and the like, I consider myself one of them, we have felt that certain actions by government officials, intelligence agencies and political leaders amounts to in effect treason. | |
| When the deep state worked against President Trump, when elected officials funneled money to foreign adversaries or when political operatives tried to undermine national security or fix elections or come up with this Russian hoax nonsense, we felt Like there was a betrayal of the country, and there was. | |
| However, legally speaking, treason is not the correct charge. | |
| These actions may be crimes under sedition, conspiracy, seditious conspiracy, abuse of power, espionage, but without an official war, the legal definition of treason is not met. | |
| Now, should we change the treason law? | |
| Would that help things? | |
| Well, given modern threats like cyber warfare, terrorism, Global intel operations. | |
| Some have argued, and I think very well, for a good reason, that the legal definition of treason should be updated. | |
| However, today, hostile nations like China, Iran, and Russia do not always engage in traditional warfare, but still pose serious threats to the U.S. At least, that's what's argued. | |
| If an American actively works against their country to help these adversaries, or any adversary for that matter, including also cartels and others, should it not be considered treason? | |
| I mean, if you were actively involved in China, should it be treason? | |
| Others argue that the Founding Fathers made treason difficult to charge for a reason. | |
| They wanted to prevent the government from using it as a form to silence political expression and opposition. | |
| Expanding treason laws could create a very dangerous precedent, allowing a chilling effect on free speech, allowing politicians to weaponize the charge against their enemies. | |
| The bottom line is simply this. | |
| Treason is real, but rarely prosecuted. | |
| Treason is one of the most serious crimes in U.S. law, but its strict constitutional definition makes it almost impossible. | |
| Historically, only a few Americans have ever been convicted, as we've stated, and all during formal wars. | |
| Now, while Americans may feel certain actions and actors, like working against a sitting president or aiding foreign adversaries or undermining national security, should be considered treason, the law simply does not apply in most cases. | |
| Instead, crimes like espionage, conspiracy, sedition, vicious conspiracy and the like, are more commonly used to prosecute, look at the J6 folks, but they're used to prosecute acts that kind of feel like some kind of national betrayal. | |
| As long as the legal standard for treason remains unchanged, it will continue to be a charge more often talked about than actually prosecuted. | |
| And you know what? | |
| I think that's a good thing. | |
| What do you think? | |
| You've heard me speak. | |
| What do you think about this? | |
| Let me know. | |
| Please like the video. | |
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| Please put your thoughts and comments below, which is very, very critical. | |
| Very, very important. | |
| I mean this from the bottom of my heart. | |
| Thank you for all, all of your work and effort, your support and the like. |
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