u/airbnbgottome - 6 Archived Reddit Posts in r/RedditCensors
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u/airbnbgottome

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Active in: r/RedditCensors (6)

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Comment on: Politics banned me for this
I think my original post said potential of treason, I think it could be possible. Can you show us all how it is not possible? From what I read in the article, it sounds very much like it could be... further reinforced by the Cramer decision.... highlighting that being proven to give aid and comfort to a hostile enemy is considered treason. One will only need to ask if the terrorists at the capitol are hostile enemies or of they were waging war against the US or supporting foreign interests. I think a lot of their online content supports all of that: civil war, Putin, foreign funding, selling info to Russia ... The article in full: Treason prosecutions have essentially disappeared. Although treason was never a popular charge for federal prosecutors, treason prosecutions attended nearly every armed conflict in American history up to and including the Second World War. Since 1954, however, only one person has been charged with treason against the United States. And that single instance was relatively unusual: in 2006, a federal grand jury indicted Adam Gadahn for treason based on his participation in several al-Qaeda propaganda videos. Gadahn was not in custody at the time of his indictment, and he was later killed in a 2015 drone strike in Pakistan before he could stand trial in the United States. The traditional explanation for why treason charges have vanished is that the Supreme Court in Cramer v. United States (1945) made treason so difficult to prove that it was no longer a realistic option for federal prosecutors. But that conventional wisdom is wrong. The Court in Cramer did make treason more difficult to prove than it otherwise could have, but it did not raise the bar so high that treason charges were no longer plausible. Indeed, the federal government pursued nearly a dozen treason prosecutions after the Court decided Cramer—and secured convictions in nearly all of those cases. As of 1954, there was little reason to believe that treason charges would fall into complete disuse. A better explanation for the disappearance of treason prosecutions comes from another aspect of the Cramer decision. The government in Cramer argued that the Treason Clause should be interpreted leniently so that treason charges could be readily deployed during times of war. The Court dismissed the government’s concern, observing that “the treason offense is not the only nor can it well serve as the principal legal weapon to vindicate our national cohesion and security.” The Court further emphasized that “the power of Congress is in no way limited to enact prohibitions of specified acts thought detrimental to our wartime safety.” Critically, the Court indicated that federal prosecutors could pursue non-treason charges—offenses such as violating the Espionage Act or the Trading with the Enemy Act—without needing to satisfy the procedural requirements of the Treason Clause. This understanding was confirmed a few years later during the prosecution of Julius and Ethel Rosenberg for disclosing atomic secrets to the Soviet Union. The Rosenbergs were charged with conspiracy to commit espionage, not treason. But prosecutors and even the trial judge often conflated the charges, referring to the Rosenbergs as “traitors” and having committed “treason.” The Rosenbergs claimed that their convictions had violated the Treason Clause, because they were effectively convicted of treason but without the attendant constitutional safeguards. The United States Court of Appeals for the Second Circuit rejected the Rosenbergs’ argument in 1952, and the Supreme Court declined to intervene the following year. By 1954, therefore, Rosenberg and Cramer had firmly established that prosecutors could bring non-treason charges without the procedural safeguards provided by the Treason Clause, even if the conduct at issue could plausibly be considered treasonous. At the same time, Congress passed several new national security laws, including the Internal Security Act of 1950 and the Communist Control Act of 1954. As the menu of federal crimes expanded, prosecutors had less and less reason to resort to treason charges. Why bother with the two-witness rule or the overt-act requirement when a variety of alternative (and substitute) offenses exist? Because treason prosecutions have effectively disappeared, one might wonder about the continued relevance of the Treason Clause. But the Clause should not be relegated to the dustbin of history for at least two reasons. First and foremost, as the indictment against Adam Gadahn demonstrated, treason is not yet completely extinct. And because the Court in Cramer did not in fact make treason impossible to prove, there remains the possibility that treason charges could one day increase in relative frequency. If that does happen, the Treason Clause sets forth important requirements on how such charges must be proven. Second, while the specific protections set forth in the Treason Clause may be limited to treason prosecutions, the principles underlying the Clause are not. Indeed, they should serve as important reminders about national security cases more generally. The Framers correctly believed there was a crucial distinction between traitorous actions and treasonous thought. Departing from English common law, which at the time recognized constructive treason, the Constitution required some sort of action before a person could be convicted of treason. That line between conduct and conscience dovetails with First Amendment values, and is one that should be respected beyond the narrow confines of treason. In addition, the Framers recognized that national security offenses are more likely to inflame public passions, and therefore deserve heightened procedural protections. This insight also extends beyond treason cases, and is one Congress, federal courts, and the public would do well to remember.
1 31 Jan 2021 04:30 u/airbnbgottome in r/RedditCensors
Comment on: Politics banned me for this
A good article for you might be: “Does the Treason Clause Still Matter? (Yes.)” from the national constitution center .... Remember how excited they were about a civil war? Increases the possibility of a treason charge...
1 31 Jan 2021 04:18 u/airbnbgottome in r/RedditCensors
Comment on: Politics banned me for this
“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.”
1 31 Jan 2021 04:12 u/airbnbgottome in r/RedditCensors
Comment on: Politics banned me for this
This is what Wikipedia says: “Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.” Seems pretty clear cut ... it was an attempt to interfere in certifying the election, there were threats of murdering officials, resources including a laptop were stolen with goal of selling to hostile foreign power and a significant amount of funding came from foreign source(s).
1 31 Jan 2021 03:28 u/airbnbgottome in r/RedditCensors
Comment on: Politics banned me for this
I thought that was too? I was so surprised that saying the death penalty was possible for treason triggered the mods of politics?!? Maybe no one will be charged with treason, that be is fine, I don’t even believe in the dearth legality. I was so taken aback that everyone else was able to discuss death penalty on that sub but they targeted my comment. Despite it being objective and factual, the ban indicated they have a subjective attachment/meaning, not me. I read all the Reddit rules and those for moderators. I can’t find any that apply....
0 09 Jan 2021 04:44 u/airbnbgottome in r/RedditCensors
Politics banned me for this
0 27 comments 09 Jan 2021 03:13 u/airbnbgottome (self.RedditCensors) in r/RedditCensors
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