"enemy” has been the subject of over [600] years of consistent judicial interpretation (the phrase goes back to the English Statute of Treasons of 1351). For a foreign nation to be an enemy, we must be in a state of declared or open war with that nation. https://takecareblog.com/blog/russia-and-enemies-under-the-treason-clause …
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Even if so, many laws have evolved over the past 600 years. Many no longer exist. Many have been clarified and/or adapted to present realities. The important part us that there is valid basis.
- Još 1 odgovor
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This says an enemy must be one who's either openly declared war on us or one we've declared war on. [Myth 2]https://www.washingtonpost.com/opinions/five-myths-about-treason/2017/02/17/8b9eb3a8-f460-11e6-a9b0-ecee7ce475fc_story.html …
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That is an opinion piece which cites an written work dated prior to the founding of the United States. I cite the Constitution. Your attempted rebuttal fails. I award you no points and may god have mercy on your soul. (yeah, I worked in a movie quote for effect.)
- Još 3 druga odgovora
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This is a highly fraught interpretation of the constitution. Charging an individual with a capital crime based on a subjective definition of enemy opens the door to political retribution. It's not acceptable or reasonable.
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Charging the President specifically when he adheres to the opinions and acts of our nation’s adversaries, in contradiction to *all* of his intelligence agency advisors, seems reasonable to me.
- Još 2 druga odgovora
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So I guess the question becomes how "enemy" is defined in this context. Do we have to be at war with a nation in order for them to be considered an enemy, or can the term apply generally to countries that wish harm on us?
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If war was a requirement, the “or” line would have not been included. That reasoning would render the “or” line unnecessary. It was nevertheless included. Therefore, war need not be declared in order to have an “Enemy”.
- Još 3 druga odgovora
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giving them aid and comfort = trying to exonerate Russia and frame Ukraine instead
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This is the best legal analysis I’ve found so far on this sub-clause:https://takecareblog.com/blog/russia-and-enemies-under-the-treason-clause …
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