General Discussion
In reply to the discussion: A very serious question: Is this treason? [View all]onenote
(45,990 posts)Words used in criminal law have legal meanings.
As defined in section 2204 of title 50 of the US Code (War and National Defense) -- a law enacted by Congress -- "the term "enemy" means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States."
As defined in title 10 (Armed Forces), Section 948a - "The term 'hostilities' means any conflict subject to the laws of war."
Moreover, there are other indicia of when the US is at war: termination of diplomatic relations, suspension of travel and trade, designation of the "enemy" as such under the "Trading with the Enemies Act."
We have diplomatic relations with Russia. Hundreds of thousands of Americans travel to Russia each year for tourism and business (and Russians enter the US for the same purposes). There is billions of dollars in bilateral trade between the countries. All without Congress doing anything to stop it. The fact that some members of Congress call Russia our adversary doesn't create a state of war between the countries or cause Russia to be an enemy as that term is understood in law any more than the right wingers calling Russia our adversary during the "Cold War" made them enemies then. Most people have heard of the Rosenbergs,who were charged with espionage,not treason. But they're not the only ones -- remember Aldrich Ames? Robert Hanssen? Also spied for Russia. Also charged with espionage. Also not charged with treason even though they did so at a time when Reagan and many in Congress were referring to the Soviet Union as "the evil empire."