Trump may be a moral traitor but not legally treasonous. Recent events though make a clearly defined case for Presidential espionage. Did I just write that? Not treason but plainly, if provable, espionage, a very very high crime.
The
relevant CFR isn’t very long and I encourage you to read it. I have emphasised the key elements below.
The case against against Trump is clearly spelled out in the first sentence. There is no requirement that classified information be involved just the intent to injure the United States. This is important because some have said that since since the President can declassify anything he can’t commit espionage. Not true.
Unlike treason there is no war or national enemy requirement. Any foreign government or faction will do. Yes even Russian.
National defense is not just a military issue although weakening NATO would certainly constitute a direct example. In post 9/11 the entire Homeland Security Department including TSA, ICE, the FBI, CIA and Coast Guard among others serve the national defense as civilian agents.
18 U.S. Code § 794 - Gathering or delivering defense information to aid foreign government
Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to
any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information
relating to the national defense, shall be punished by death or by imprisonment…
If you read the whole thing you will find that there are additional qualifications for the death penalty which would be off the table so let's not go there but it’s important to understand the facts.
The key elements are knowledge, intent and of course proof. tRump has clearly damaged the United States and continues to do so and not necessarily just against or at the behest of Russia although in total there seems to be at least a strong circumstantial relationship with Russia.
The latest examples are that he seeks to reduce the restrictions on Russian Oligarchs to conduct business in the US. Early and unsatisfactorily explained withdrawal from Syria cedes the area to Russian influence and threatening the economic destruction of Turkey a NATO ally?? How do you even do that.
The US has been repeatedly weakened around the world and Russia seems to benefit. Is that happening knowingly and with intent? Maybe Mueller already has the proof. Do we hope?
Impeachment?? The bar for high crimes and misdemeanors is very low. With tRump we have now sailed past just obstruction and conspiracy, as if that weren’t enough to sink any other politician in history. Those felonies might be just included lesser offenses in much larger case.
We can clearly defend the word espionage which is a very high crime. So high in fact that under certain circumstances is a capital offense.
Do I think tRump will ever be convicted of espionage? No. GWB and Cheney clearly violated international law with absolutely no consequences. But Presidential espionage? Not even in a novel because readers wouldn’t suspend disbelief.
Meanwhile I’ll have a cold Big Mack and soggy fries to go.