A very serious question: Is this treason?

[DemocratSinceBirth]

67. THIS - by the way the esteemed law professor and author uses the same rationale as I did

MYTH NO. 2
Aiding Russia is treason against the United States.
Stephen Colbert’s recent segment “Michael Flynn’s White House Tenure: It’s Funny ’Cause It’s Treason” was but one of many accusations of treason hurled against Flynn and other White House associates because of their proven or alleged ties to Russia. “Consider the evidence that Trump is a traitor,” exhorted an essay in Salon. It is, in fact, treasonable to aid the “enemies” of the United States.

But enemies are defined very precisely under American treason law. An enemy is a nation or an organization with which the United States is in a declared or open war . Nations with whom we are formally at peace, such as Russia, are not enemies.(Indeed, a treason prosecution naming Russia as an enemy would be tantamount to a declaration of war.) Russia is a strategic adversary whose interests are frequently at odds with those of the United States, but for purposes of treason law it is no different than Canada or France or even the American Red Cross. The details of the alleged connections between Russia and Trump officials are therefore irrelevant to treason law.

This was true even in the 1950s, at the height of the Cold War. When Julius and Ethel Rosenberg handed over nuclear secrets to the Soviet Union, they were tried and executed for espionage, not treason. Indeed, Trump could give the U.S. nuclear codes to Vladimir Putin or bug the Oval Office with a direct line to the Kremlin and it would not be treason, as a legal matter. Of course, such conduct would violate various laws and would constitute grounds for impeachment as a “high crime and misdemeanor” — the framers fully understood that there could be cases of reprehensible disloyalty that might escape the narrow confines of the treason clause.

So who are the current enemies of the United States? North Korea is a possible enemy, since the Korean War was never formally concluded. Certain nonstate actors can also count as enemies, and terrorist groups such as al-Qaeda and the Islamic State probably fit the definition.

-Carlton F.W. Larson is a professor of law at the University of California at Davis and is writing a book about treason and the American Revolution.

https://www.washingtonpost.com/opinions/five-myths-about-treason/2017/02/17/8b9eb3a8-f460-11e6-a9b0-ecee7ce475fc_story.html?utm_term=.6e0ec8716b43