What’s the difference between, treason, espionage and sedition…let’s find out.

Because what else would I do on a Saturday night? Of course I’d do a|\little bit of research because I was bored and I needed some intellectual stimulation

Predicate and reasoning for this follow up article:

It occurred to me that some of my readers might not know the difference between Treason, Espionage and Sedition (and Seditious Conspiracy). And many are using these terms interchangeably. Naturally it made a lot of sense for me to do my best to explain the differences in layman’s terms. Given the relentless social media tsunami of disinformation and misinformation. Which seems to have only intensified. And yes I can’t stand reading “blue check” accounts pretending they know what they are talking about.

What I mean by that, predicably certain Blue QANON-sense individuals are (once again) espousing inaccurate and incongruent misrepresentations of what the laws actually states. I find this particularly egregious given some of these very same Blue QANON accounts have never held any Government security clearance, what so ever.. But I digress —the purpose of this article is to centralize the various supporting documents and to hopefully provide factual information. The spicy snark and spelling errors are free… although I warn you this article was a super heavy research lift but what else would I do on a Saturday night…

So what constitutes Treason & Common Law:

Off the top, it is important for you to understand that Treason is the only crime that was detailed in our Country’s Constitution. Furthermore the penalty for treason was also included. Keep in mind why that is significant, at the time of drafting and ratifying our Constitution the American Judicial system was in its infancy. And yes at the time, our Country’s Justice system borrowed heavily from the English (British) Common Law. See English Statute of Treason, which was originally enacted in 1350/1351.

Not to be overly detailed but I’m absolutely certain some of my readers may recall the several threads I created. Where I specifically discussing writings and opinions of Sir William Blackstone, more specifically page 77. If we are in agreement that this is a factual baseline, then we can further discuss our Constitution and Our Laws regarding Espionage If you’re so inclined I’d recommend you read the National Constitution Center’s resource page, specifically paragraphs 1 and 2. Because I’m not a constitutional law scholar but I can read

Article III, Section 3, Clause 1 -defines what is considered Treason

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.

Below I have taken the liberty of embedded the various links to our Constitution and resource links from the Library of Congress.

• Constitutional Convention signed the United States Constitution on September 17, 1787 in Philadelphia, PA

• ArtIII.S3.C1.1  Historical Background on Treason

• ArtIII.S3.C1.2  Levying War as Treason

• ArtIII.S3.C1.3  The Burr Trial

• ArtIII.S3.C1.4  Aid and Comfort to the Enemy as Treason

Sec 18 USC Chapter 115: TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES, which defines treason as:

§2381. Treason: Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, §330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)

Additionally you’ll note that treason is classified as a Federal Capital Offenses, which means “shall suffer death” that’s the death penalty. You’ll also note that our founding fathers sought to narrowly define treason. But because our founding fathers understood the gravity and solemnity of “treason” that’s why in Article III they added the following and important sentence:

“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.”

And the dichotomy that most Americans might not understand is; “treasonous acts” might be criminal, conversely criminal acts are not treasonous, per say. If you understand the underlying legal framework then it’s obvious that the framers of our Constitution had concerns that at some point the offense of “treason”would be improperly politicized aka co-opted by politics versus the black letter of the law. And treason is one of the most strictly defined crimes and accordingly it is extremely difficult to prove.

Yes I know that can be confusing. In 1986 a federal court of appeals held (see United States v. Rodriguez, 803 F.2d 318 (7th Cir. 1986)…)

‘[t]he reason for the restrictive definition is apparent from the historical backdrop of the treason clause. The framers of the Constitution were reluctant to facilitate such prosecutions because they were well aware of abuses, and they themselves were traitors in the eyes of England.”

What is Espionage and what constitutes espionage…

Unfortunately if you were to ask a room full of Americans what they think espionage is and the premise of the Espionage act. You’d likely get a super majority opinion that; “espionage act means spy stuff” —because culturally speaking most of us are precondition to think espionage is the spy cloak and dagger and that the espionage act covers that kind of covert and overt behavior.

To be clear NOPE the espionage act (again it was codified over a hundred years ago) was specific to “papers”, “military intelligence”, “wires” for protecting the secrets contained in those “papers” —additionally the context and geopolitical events surrounding the 1917 Espionage Act, Congress confided this law a few months after the United States had officially Declared War against Germany —as in World War I. Additionally in President Wilson’s December 1915 State of the Union Address (2 years before Congress codified the Espionage Act) President Wilson addressed the proposed censorship, which many members of Congress expressed grave concern and potential conflict with the First Amendment.

Extra Legislative Reading…

Incidentally during the 116th Congress, Senator Wyden introduced S.3402- Espionage Act Reform of 2020, unfortunately S.3402 withered and died on the 116th Congress vine. However the 117th Congress (specifically on July 27, 2022 both Chambers of Congress introduced the Espionage Act Reform Act of 2022;

• Again on July 27, 2022 Senator Wyden introduced: Senate Bill S. 4630, or see the Congressional file/link for S.4630 (where you can track this proposed legislation)

• Also on July 27, 2022 Representative Khanna (cosponsored by Rep Massey) introduced H.R.8533 - Espionage Act Reform Act of 2022, you can track this House Bill here

Both 117th Congress bills echo the same purpose, which reads in part:

…to authorize appropriate disclosure of classified information, to appropriately limit the scope of the offense of disclosing classified information, and for other purposes…

…as I mentioned yesterday: CHAPTER 37—ESPIONAGE AND CENSORSHIP… is a rather comprehensive statute see GPO -a plain reading of 18 U.S. Code § 793 - Gathering, transmitting or losing defense information — it is pretty clear, it reads in part:

…obtaining information, recording pictures, or copying descriptions of any information relating to the national defense with intent or reason to believe that the information may be used for the injury of the United States or to the advantage of any foreign nation

Key take aways of 18 U.S. Code § 793 - Gathering, transmitting or losing defense information -I would also recommend you book mark this State Department Office of the Historian webpage -which goes into granular detail under the backdrop of Diplomacy. Notability once Congress codified the Espionage Act of 1917, you’ll note that Sedition is not mentioned, because Congress codified Sedition Act of 1918 (after the Espionage Act) only to repeal it in the 1920’s, should you be inclined, see the National Archives Catalog of the Espionage Act.

• The Espionage Act made it a crime to “convey information that could interfere with military efforts”

• there is zero designation of classification of classified documents, meaning it doesn’t delineate from Confidential to TS/SCI —for the record SAP is one of many compartments within the TS/SCI designation.

My education guess is that might be one (of the many reasons) Federal Investigators cited 18 U.S. Code § 793 - Gathering, transmitting or losing defense information in the search warrant. As I previously explained in the August 12, 2022 Original Article and further explained in the 8PM Deeper-Dive Update. Because there are other statutes that could have been applicable but my educated guess is prosecutors and FBI agents opted for 18 U.S. Code §793 because of the lack of specificity concerning classifications of classified documents.

• Codification of the Espionage Act was originally intended to protect the papers. Meaning government documents that hold our Country’s highest level of classified information. More precisely if the classified information were to be made public it would have “grave consequences on America’s National Security”

• In the 1919 case of Schenck v. United States, which centered around the first amendment constitutional claim - SCOTUS held: The Espionage Act of 1917 which limited Americans’ First Amendment Rights, it was ruled constitutional

We admit that in many places and in ordinary times the defendants in saying all that was said in the circular would have been within their constitu- tional rights. But the character of every act depends upon the circumstances in which it is done…

SCHENCK v. USA . March 1919 -Espionage Act ruled Constitutional

Moreover in February of 2022 I attempted to help my readers understand the Presidential Records Act, which documents are covered and explained just how problematic it was for Trump to take any documents from the White House to his tacky Mar A Largo (yes I’m being snarky because if you’ve ever had the occasion to visit any Trump property, then you know exactly why I refer to Mar A Largo as tacky and money doesn’t actually buy you class or a competent interior decorator)

Your prerequisite saltwater cleanser because I’m acutely aware of just how much information is contained in this article — so here’s a cleanser

file411_dc

A post shared by File411 (@file411_dc)

What is Sedition & what constitutes seditious conspiracy…

In the spirit of full fact finding, one thing you should know is after Congress codified the 1917 Espionage Act, they went on to Codify the Sedition Act of 1918 (Pub.L. 65–150) only to later repeal that act in 1920 as part of a massive repeal of various wartime laws enacted. Specifically though I think it’s important for you to understand the laws regarding sedition and seditious conspiracy/. I’ve written extensively on the later regarding the Jan6th Domestic Terror Attack, you can read more regarding the Proud Boys here and the Oath Keepers here, here and here. To be clear I am not currently saying Trump is facing a criminal investigation surrounding seditious conspiracy. Although if you ask me do I think he’s a target in a criminal investigation surrounding Jan6th and his role in the Oath Keepers & Proud Boys conspiracy —my current answer is: have you not paid attention to the HSCJ6 hearings and witnesses because in my (non binding legal) opinion the HSCJ6 has certainly presented sufficient evidence for the DOJ to initiate a criminal investigation (and right now we know that Trump is facing multiple criminal investigations into his actions and lack of actions surrounding the Jan6th Domestic Terror attack on our Capitol.

Turning your attention to what is sedition and seditious conspiracy. Once again I refer you to 18 U.S. Code CHAPTER 115—TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES - most individuals often overlook the last sentence in §2383, don’t be like most people. With respect to what do the statutes define as sedition and seditious conspiracy, see below

§2383. Rebellion or insurrection - Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States. (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

§2384. Seditious conspiracy -If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, §1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, §330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)

Generally speaking Sedition is defined as: “an act of inciting revolt or violence against a lawful authority with the goal of destroying or overthrowing it.” And not to be redundant but I would absolutely recommend you read the CRS August 12, 2022 Report: The Protection of Classified Information: -The Legal Framework and that is especially important regarding the SAP-TS/SCI documents

Republican should jump off the Trump-Titanic or sink with it

The week of August 8, 2022 was probably Donald J Trump’s worst week of his lifetime. Admittedly that brings me incandescent joy and it warms my tiny cold black heart. Conversely the incredible contorting of Congressional MAGA-GOP “going to the mat for their dear leader” it was a mixture of deliciousness and abject horror. The fact is many Congressional Republicans are willingly defending the absolute indefensible. Whispers do you think these Republicans really think that Trump will be loyal to them? Short answer: “hell no” —Trump is only loyal to himself.

I mean after the HSCJ6 hearings , which broadcast some excerpts from Ivanka and Jared’s depositions, Trump eagerly threw both of them under the bus. Do these Congressional Republicans like Paul Gosar, Scott Perry, Matt Gaetz, Mo Brooks, Kevin McCarthy et al genuinely believe that Trump will be loyal to them? Of course he won’t because Trump is a self centered, unethical, lawless coward. Trump and his radical hardcore domestic terrorist (of which he radicalized in plain sight), I mean “supporters” understand the coded language that Trump & his top surrogates espouse.

Trump leans into his “violent rhetoric” —he knows exactly what he is doing. And as offensive as this might sound, it’s time to stop sugar coating it: Donald J Trump is telling his hardcore supporters to target the honorable men and women of the FBI (and other Federal Law Enforcement Agencies/Officers) —that specific coded language is tantamount to Trump issuing several “kill orders” —the violent rhetoric and coded language already triggered one MAGA-GOP acolyte Ricky Schiffer who attempted to gain entry into the FBI Cincinnati, OH complex. As I explained on August 11th this is just the beginning.

On August 12, 2022 CNN reported a joint bulletin by FBI and DHS Bulletin (internal memo)

FBI Security Division in Washington has notified the bureau's more than 38,000 employees nationwide to remain vigilant when operating in and around bureau facilities, two federal law enforcement sources told CNN.

—let that sink in —our Country’s preeminent law enforcement agency, the FBI & their Agents are facing an unprecedented threats, with no end insight. I can not think of anything more unAmerican than targeting Federal Law Enforcement. The men and women of the FBI always stand watch. They uphold their oath, and protect all Americans from foreign and domestic attacks. Think about it, these special agents are people, they have families, they are likely your neighbor, you probably see them at your church, synagogue or other house of worship… yet according to Trump and his violent hardcore base, I’m not saying all Trump supporters are domestic terrorist,

These threats are occurring primarily online and across multiple platforms, including social media sites, web forums, video sharing platforms, and image boards. The FBI and DHS would like to ensure that law enforcement, court, and government personnel are aware of the range of threats and criminal and violent incidents…the potential for domestic violent extremists to carry out attacks...in reaction to the FBI's recent execution of a court-authorized search warrant in Palm Beach, Florida,"

I think it’s reasonable to conclude, Trump is absolutely panicking and likely having countless restless nights. The Trump-Titanic hit the Espionage Iceberg, and there is nothing the GOP can argue to ameliorate the various defenses Trump & Patel have offered this week.

If you recall during Trump’s second impeachment I argued that the Senate Republicans would face serious karma after they voted to acquit Trump. Meaning had the Senate Convicted Trump, that would have solved the metastasizing cancer that Donald Trump is to the Republican Party. Additionally it would have precluded him for running for any Office. I’ll bet you right know Mitch McConnell and his MAGA-cohorts are drowning in the ocean of regret and rage. I don’t feel sorry for them and neither should you. The Republican Party willingly crawled into bed with a mentally deranged lunatic, who directed domestic terrorist to our Capitol..and they still defended him.

Donald Trump is the cross the GOP is meant to carry for all of eternity

Over two years ago my friends at @Eleven_Films published this video (during Trump’s first impeachment) —Sometimes when I think I’ve lost my true north I make myself rewatch this video —even in retrospective it was a powerful and necessary message. But viewing it again under the back drop of Donald Trump’s long awaited INFRASTRUCTURE WEEK (that’s an inside joke that many of my former Twitter followers know) has finally arrived.

Summary:

Again I acknowledge that this article is likely a very heavy read, given I actually lost count of how many links are embracing herein. But heretofore there should be zero ambiguity: Donald J Trump is a clear and present danger to our National Secretary and to our Democracy. The very notion that the MAGA-GOP are gleeful that Trump “will announce” soon that tells me, my father’s political party is gone. A party I once considered myself to be a part of until I saw what Republicans stand for and they won’t stand for. The Republican Party has fully embraced the QANON-batshittery crazies. And Donald Trump is their head clown in chief.

If the Republican National Party (RNC), wants to cut ties with Trump, it’s not too late. But a preliminary review of the RNC FEC filings. The 2022 cycle looks to have a pretty significant shrinkage in funds raised, especially when you compare it to the past 3 election cycles. Because it the best of my knowledge guess who paying for “some” of Trump’s legal expenses? You betcha its the RNC.

Looks around, takes off glasses and slowly steps off my Substack Soap Box. As an extra reward for slogging through this article, here’s your supplement dose of saltwater therapy. I’m not publishing tomorrow because can you can deduce this article was a pretty heavy research lift. I hope some of my readers find answers to questions they might have or at a minimum unfettered access to multiple fact files.

file411_dc

A post shared by File411 (@file411_dc)

Donald J Trump, Mark Meadows, Kash Patel, Steve Bannon, Roger Stone et al should be under indictment