Re:DOJ Argues: US can kill own citizens without review when ...
by stretchcat on Sunday January 03, 2021 @02:46AM
(#25620307)
Then why has nobody been charged with treason since WWII? Is it just not cool to do anymore or something?
Re:DOJ Argues: US can kill own citizens without review when ...
by dragonwriter on Sunday January 03, 2021 @03:31AM
(#25620465)
> Then why has nobody been charged with treason since WWII?
Why would they be?
> Is it just not cool to do anymore or something?
Mostly. It's not like you can give someone a super-death penalty, and when progressive criminalization has made it so that everything that qualifies as treason is also covered by other crimes that carry similar sentences but don't require two witnesses to the same over act or a confession on top of the standard criminal “beyond a reasonable doubt” burden of proof, why would a prosecutor ever bother with treason charges except as a political stunt?
This is true under the “magic words” understanding of the power to declare war; but that more limited authorizations than those that simply and expressly “declare war” are nevertheless exercises of the Constitutional power to declare war and create a legal state of war is, however, well-established law, see, Bas v. Tingy, 4 U.S. 37 (1800).