" ... 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." Washpost
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It seems to me that the Borgist Resistance is intent on removing President Trump from office and probably in this calendar year. One must ask how they think they can do that.
- They are flirting with the idea of a charge of treason or espionage based on Trump's supposed subservience and surreptitious loyalty to Russia. They face serious barriers to this ambition; 1. They control neither chamber of Congress. Controlling both is necessary to removing a president through impeachment by the House and trial in the Senate. 2. What would be the charge? IMO there is no plausible charge. Thus far there is no publicly known evidence of collusion with Russian government and even if there were such evidence this professor of law does not think that would qualify as treason. 3. Common sense dictates that such collusion even of proven would not qualify as "espionage" which as a crime against the US is always about collecting information rather than covert actions.
Since the impeachment/trial scenario is so implausible the Borgist Resistance is now contemplating the 25th Amendment to the US Constitution as a means of action against President Trump.
25th Amendment -
"Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President."
What's the chance of this happening? IMO 0%
And ... the Borgist Resistance seems blind to the continued loyalty of those who agree with the 9,000 people who rallied for Trump in Melbourne, Florida this week. Does the Borgist Resistance really want to defy all those who would feel cheated by the removal of the president? pl
Thank you for the laugh.
Posted by: jld | 20 February 2017 at 02:12 AM
I think for once we're ahead of the American press in the anti-Trump campaign:-
http://www.bbc.co.uk/news/world-us-canada-39015559
We've got Chairman Mao and Stalin lined up. You'd better hurry up and get Pol Pot and Tony Blair before they're taken. Or is that going a little too far?
Posted by: English Outsider | 20 February 2017 at 08:29 AM
To paraphrase Nuland: "F*ck the Left"
"The Left" doesn't matter anymore than "the EU". Other than a few progressives, "the Left" has been betrayed, marginalized, mocked, hippy-punched into submission by the Centrist Hillary-Obama Democratic Party establishment.
Posted by: Jackrabbit | 20 February 2017 at 08:30 AM
1. There is an old, but still valid law, that makes it illegal for a private citizen to interfere in a US dispute with another country. Hence the focus on whether Flynn spoke with the Ambassador about SANCTIONS.
2. If Trump ASKED Flynn to talk with the Ambassador about sanctions, he could be guilty of a crime. That would put Trump at risk of being removed by impeachment.
3. If Trump had tried to retain Flynn because Trump favors peace with Russia, that could put Trump at risk of removal via 25th Amendment. The reasoning going like this: Trump is compromised by Russia's help during the election (as determined by US intel agencies) and demonstrates this by retaining Flynn who (allegedly) committed a crime.
For the reasons above, I believe that Flynn resigned to protect Trump and Trump had no choice but to accept Flynn's resignation.
(PS I've written about this on your blog b.)
Posted by: Jackrabbit | 20 February 2017 at 08:47 AM
I've always thought that a 25th Amendment removal was more likely because Trump is too good at communicating to the people. My view was reinforced by his performance at the recent news conference. Impeachment takes weeks, if not months - during which Trump can appeal to the people. 25th Amendment happens within hours.
Flynn's resignation has greatly reduced the threat from supposed Russian connections. But those supposed connections will still dog Trump.
The Borg's not having a majority in Congress is incorrect. The Democrats will all vote against Trump and many Republicans would prefer Pence.
Now that we've seen Pence & Co. in Munich, I am wondering if Trump will ever be allowed to actually meet with Putin (still no date set for that!).
Posted by: Jackrabbit | 20 February 2017 at 09:06 AM
dc, I wondered that too.
Posted by: Valissa | 20 February 2017 at 09:46 AM
Coastie,
You're right. No one can leave their backyard to smash a wasp's nest. Or maybe the Acekea Corridor has a force field that only lets the goodthinkers in?
This question is so silly it sounds like you're whistling past the graveyard.
Posted by: Tyler | 20 February 2017 at 10:57 AM
Tyler: Are you auditioning for the part of Bain in the Batman series?
Seriously, do these apparatchiks really believe that Trump supporters will quietly accept this coup?
I'm a lot more afraid of the so-called smart people than I am of Trump.
Posted by: Matthew | 20 February 2017 at 10:58 AM
I see it growing likely that the dynamic that will deflate the Trump admin will be a common one of populist movements. Implosion within, among contending cliques. This is more commonly a purification dispute. With Trump it will be more an expression of his character (autocratic, self-referencing) through over-dependence upon a restricted circle of family & staff. He evidences idiosyncratic and significant-probability failure modes, & faces institutional rejection. He's easy to read, so the Law of Large Numbers (call it the Borg if you like) will find its way around him (& it's way past time to forget the WH PC, pay attention to political satire). I expect him to break under self-induced load.
Posted by: ked | 20 February 2017 at 11:01 AM
Thanks for what sounds like genuine LBJ political process insight. It's as applicable today as it was 50-75 years ago. What happened to the profanity?
Posted by: Lefty | 20 February 2017 at 11:10 AM
If interested
A recent post on the informed comment blog by Prof. Juan Cole shes some light on the Sweden comment by Mr. Trump and other statements made by him and others about crime & immigration linkage .
http://www.juancole.com/2017/02/invents-sweden-immigrant.html
Posted by: Petrous | 20 February 2017 at 12:48 PM
And good riddance to it! I have been enjoying the process of rebuilding. Thanks to Trump for finishing it off.
Posted by: Jason | 20 February 2017 at 01:40 PM
Matthew,
I could probably die happy if I got to ask Friedman/Graham/Kristol/Kristoff "Do you feel in charge?"
Posted by: Tyler | 20 February 2017 at 02:49 PM
Tyler, I'm not trying to be silly. I really want to know. If someone is going to nuke NY City, I'd like to warn my niece. Thanks.
Posted by: OldCoastie | 20 February 2017 at 03:16 PM
Lee A. Arnold,
The Borg wants Cold War 2.0 with Russia.
The Borg wants serial regime change operations overseas.
The Borg wants more Free Trade Agreements.
Posted by: different clue | 20 February 2017 at 03:20 PM
Ked,
Ah the newest iteration of "Trump will never win the primary!"
Meanwhile the man has turned the spotlight on the problem with rapefugees in Sweden and the fake news is busy handwaving away hand grenade attacks as no big deal.
Posted by: Tyler | 20 February 2017 at 04:13 PM
Tyler,
Steve Bannon’s 3rd American Turning was the New Deal. There was no revolt in the USA for the simple reason that FDR was a traitor to his class, the Bolshevik Revolution was within living memory, and smart people agreed to redistribution of wealth to avoid a Red firing squad. This led to the great economic boom that lasted until redistribution started to end during the Ronald Reagan era. This will not be the case for a 3rd American Revolution. It will be very much like the revolt America supported in Syria. If you look like a recruit for the gang with the rifles, you may have a chance to convert. If not, you are a dead duck.
The real question is what will happen to the US military and its nuclear weapons if WWIII is avoided. They are naturally conservative and support existing institutions. On Herbert Hoover’s orders, General Douglas MacArthur crushed the Bonus Army. But, if the wealth inequality continues to grow and corporate supranational institutions supersede democratic nations; at some future point, the USA will split apart and the Praetorian Guard with their families will end up inside corporate defense berms.
Eric Prince (Betsy DeVos brother) is setting up training centers for a privatized army to protect Chinese overseas interests:
https://www.buzzfeed.com/aramroston/betsy-devoss-brother-is-setting-up-a-private-army-for-china?utm_term=.shLVmDKGLl#.qb2NKlXGwa
The Left-Behinds outside business protection rings will revert to their tribal origins. Chaos will reign in the no man lands unless People Protection Units or Religious Police squads arise to protect the surviving communities in the new Dark Age.
Posted by: VietnamVet | 20 February 2017 at 04:42 PM
raven
To what Tylerism are you referring? pl
Posted by: turcopolier | 20 February 2017 at 07:12 PM
Tyler, Raven and Oldcoastie
You all have tried my patience too far. pl
Posted by: turcopolier | 20 February 2017 at 07:14 PM
OldCoastie
What the hell are you talking about? Nobody want to bomb New York City except a few half assed anarchists. pl
Posted by: turcopolier | 20 February 2017 at 07:30 PM
I wouldn't feel cheated if he were booted. I'd feel relieved.
Posted by: Kurt Van Vlandren | 20 February 2017 at 07:32 PM
Kurt Van Vlandren
I hope to god that you are foreign so that I can feel better about your total disrespect for the constitutional order in the USA. pl
Posted by: turcopolier | 20 February 2017 at 07:35 PM
DC,
The DLC is very much a Clinton organization . Obama and Ellison want to have the power and influence over the party organization, just like the Clinton's enjoyed these past many years.
Posted by: Fred | 20 February 2017 at 07:49 PM
Babak,
NAFTA+EEOC+an end to competency testing. I was making the point of not conflating the gross income earned from a great deal of overtime pay with a pay-rate that gives one a $100K a year base income.
Posted by: Fred | 20 February 2017 at 07:52 PM
Col,
It is a difficult task to referee these exchanges. I would suggest you forbid them to respond to each other comments. They can post whatever, but if they respond to each other then you'd ban them for a week or so. The comments from raven and Tyler are interesting when they are not part of these chidish arguments.
Posted by: TonyL | 20 February 2017 at 07:53 PM