Thursday 5 January 2017

Is it Treason?

Over New Year I had an interesting conversation with an M&A lawyer who is deeply concerned about President-elect Trump and that his allegiance apparently lies not with the United States but rather with the Trump empire as personified by himself.

My friend went on to discuss Trump's disregard for the establishment framing him as an anti-political agitator, indeed that he is in denial of politics itself which in essence means he is against the democratic process which is the only alternative to government by coercion and the tyranny of the majority.

This last point is important. Trump's approach is to constantly harp on about the will of the people while trampling not only on the rights of minorities but actually on the rights of the minority. Anyone who raises objections to the "will of the people" is branded as an enemy of the people.

Such an anti-democratic stance I would suggest is diametrically opposed to the Constitution which Mr Trump will be swearing to uphold on January 20 but I am also aware that it would be very difficult to prove until it is too late. What appears to me to be less difficult to prove is Trumps response to charges that Russian cyber attacks on the United States intentionally interfered with the democratic process during the election. Mr Trump has chosen to come down decidedly on the side of Wiki-Leaks and the Russian Intelligence community against the 17 US Intelligence agencies, outside cyber experts, Democrats and Republicans on Capitol Hill and even at least one Trump adviser all expressing either misgivings or outright accusations about Russia's cyber activities in the context of the election.

The definition of Treason in Article III of the Constitution states that "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". (The bold type is my own).

I would maintain that Trump is flirting with treason: I question that he indeed intends to uphold the Constitution and I feel strongly that he is adhering to enemies of the United States.




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