With the FBI just given the green light to start background investigations on Trump’s first-round nominees, now seems a good time to try to bring this particular law into greater public awareness:
18 U.S. Code § 2382 - Misprision of Treason
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
https://www.law.cornell.edu/uscode/text/18/2382
Basically, anyone who knows about someone else’s treasonous acts, and doesn’t report them, is themselves committing a crime.
This law is quite a big deal. The obvious intention is to make it next to impossible for anyone to even try to conspire against the United States. But of course it only works to the extent that our population is aware of it. Which is obviously not very well lately.
Additionally, it’s a big deal, because, for the most part, we Americans believe, if we aren’t actively doing anything, we can’t be committing a crime. Criminality by omission of action is pretty counter-intuitive to us. You could even say it runs counter to our American sensibility. But still, the crime of treason is considered so serious that this is real U.S. law and failure to act to report treason is a serious crime.
This law is one of the reasons, as the true joke goes, why “Trump's attorneys need attorneys.”
But this law is important — knowledge about it should not be limited to lawyers and judges.
I for one, hope that every FBI agent involved in the background investigations is aware of this law and asks questions guided by an awareness of it. And I hope they inform anyone being questioned about this law, and give any interviewees a second chance to consider their initial answers.
And just generally, it could only be good for the country if more regular people knew about this.
https://theweek.com/speedreads/959369/white-house-counsel-reportedly-concerned-trump-committing-treason
https://washingtonpress.com/2024/01/08/recorded-roger-stone-talked-with-cop-about-assassinating-dem-congressmen/
https://www.mediaite.com/podcasts/filmmaker-of-roger-stone-documentary-a-storm-foretold-warns-of-2024-americans-must-brace-themselves-for-a-very-turbulent-time/
https://www.newsweek.com/michael-flynn-says-coup-like-myanmar-should-happen-america-1596248
https://www.npr.org/2023/05/04/1172530436/proud-boys-jan-6-sedition-trial-verdict
https://apnews.com/article/oath-keepers-capitol-riot-jan-6-trial-conspiracy-437b0d2598829d951a5dbb60908e7a4a
https://thehill.com/regulation/court-battles/3909000-six-oath-keeper-associates-convicted-on-jan-6-charges/
https://www.justsecurity.org/wp-content/uploads/2021/06/Jan6-Clearinghouse-Acting-Secretary-of-Defense-Christopher-Miller-Memorandum-for-Secretary-of-Army-Employment-Guidance-for-the-DC-National-Guard-Jan-4-2021.pdf
https://timesofsandiego.com/politics/2021/03/16/san-diegos-oan-had-role-in-russian-efforts-to-influence-2020-election-intelligence-report-hints/
https://www.salon.com/2022/11/18/ex-rand-paul-aide-pardoned-by-convicted-of-illegally-funneling-russian-cash-to-campaign/
https://apnews.com/article/stewart-rhodes-arrested-oath-keepers-jan-6-insurrection-70019e1007132e8df786aaf77215a110
