The last person convicted of treason against the U.S. of A. was Tomoya Kawakita. In 1952, he was sentenced to death for his collaboration with Imperial Japan during WW2. President Eisenhower commuted the death sentence to life in prison.
Article III Section 3 of the U.S. Constitution defines treason as:
"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."
Kawakita didn't deny his collaboration, but objected to the treason charge as he claimed to have renounced his U.S. citizenship, and thus could not be tried for treason.
By 2002, creeping relativism introduced more shades of gray to the question of treason. John Walker Lindh, the "American Taliban" fighter, was captured on the battlefield in Afghanistan. After Lindh's lawyers threatened to muddy the judicial waters by having Lindh's battlefield confession thrown out and cast dispersion upon his interrogators for not reading him his Miranda Rights, Lindh copped a deal and plead guilty to "conspiracy to kill U.S. nationals and engaging in prohibited transactions with the Taliban." He was sentenced to 20 years in prison.
Fast forward to 2010, and the Obama administration's post, post modern world of ten thousand shades of gray, with its current 'man caused disaster' conundrum: U.S. Mulls Legality of Killing American al Qaeda "Turncoat", Radical Muslim Cleric Anwar Awlaki, In Yemen.
"While Awlaki has not been charged with any crimes under U.S. law, intelligence officials say recent intelligence reports and electronic intercepts show he played an important role in recruiting the accused "underwear bomber" Umar Farouk Abdulmutallab. Awlaki also carried on extensive e-mail communication with the accused Fort Hood shooter, Major Nidal Hasan, prior to the attack that killed 12 soldiers and one civilian.
According to the people who were briefed on the issue, American officials fear the possibility of criminal prosecution without approval in advance from the White House for a targeted strike against Awlaki."
But that labyrinth extends far beyond White House approval, as demonstrated by the Obama administration's own threats to prosecute former Bush administration officials for 'abuses' - from CIA interrogators and the Office of Legal Counsel, right up to V.P. Dick Cheney.
What a wicked web we weave...
Jane over at the JR puts a finer point on it all:
"If (Obama's Attorney General Eric) Holder determines that the US has legal justification for a hit on Awlaki, what's to say the next Attorney General won't disagree and haul the commander who executed the order into court, as an individual? That's what happened to some CIA operatives. Its no wonder officials are risk averse and dithering for a month, its a whole new world."
Krykee. The circular firing squad is now officially a cabinet level position. I long for the good ol' days when the Pledge of Allegiance was understood by any grade school kid, and we knew decisively what to do with traitors.
