Can a President Be Charged With Treasons?
On impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanours, the President, Vice President, and other civil officers of the United States must be removed from office, says Article II, Section 4
If a president is charged with treason, the first question is how to prove the crimes. This is particularly challenging in modern times, where the Supreme Court has been stringent on the definition of treason. In many cases, the government has only two witnesses to prove a crime. This means that the government must prove that the person committed an overt act to be guilty of treason.
The intent to benefit the enemy is often the key to establishing the elements of treason. It is not enough to merely adhere to an enemy; the accused must have a specific goal in mind. A typical example is when a father shelters his son during a war. Although a son could be a spy for the enemy, it is not treasonous for a father to do so. In some circumstances, a president may help to aid a foreign country by providing shelter to an enemy agent.
There have been several cases of treason, but the vast majority of cases are aid and comfort. For example, a Japanese-American woman named Tokyo Rose was convicted of treason in the 1950s and was ultimately pardoned. The case was dismissed after witnesses recanted.
Likewise, a former congressman named Richard M. Nixon was investigated for making contact with the Communist Party on Italian radio. In a similar case, Senator Joseph McCarthy launched a campaign to purge government officials accused of treason, and his alleged involvement in the coup d’état drew widespread public attention. Finally, in the 1970s, Julius and Ethel Rosenberg were executed for espionage, although the Soviet Union was not an enemy of the United States.
The Constitution defines treason as “waging war against the United States and aiding an enemy of the United States.” As the term implies, treason requires an individual to admit to his actions in open court, and a jury will then decide whether or not the person committed treason. The sentence for treason is life in prison and can also lead to death.
Proving treason by “open confession”
Although the law prohibits “treason by open confession,” it is a reasonably rare offense in the U.S. Historically, treason has been a crime committed by a member of the armed forces during a war. Unlike conspiracy or espionage, treason requires two witnesses to testify to the same overt act. The only way to prove treason by “open confession” is through two people present at the time of the crime.
Relating treason to other offenses
Relating treason to other crimes against a president is often a confusing process. In some instances, it may be challenging to determine whether a person has committed treason or not, depending on their motives. However, the law does provide some guidance. Sedition is a crime under federal law, often resulting from a conspiracy to overthrow a government.
This offense can also include illegally harboring enemy soldiers. It is important to note that aiding the enemy does not necessarily mean sympathy, unlike treason. In addition, it must involve an actual enemy, or a formal declaration of war.
In the past, a man named Adam Gadahn was indicted for treason in 2006. He was a fugitive in Pakistan and was found guilty of aiding and comforting Al Qaeda. Though his defense may have argued that Al Qaeda is not an enemy, the federal district court concluded that he had done so. In 2015, Gadahn was killed in a C.I.A. drone strike.
Although treason is rare, it is a serious crime that is closely related to insurrection and seditious conspiracy. The United States Constitution defines treason as “betraying allegiance to a government by aiding the enemy.” Although this crime is still punishable by death, it is rare in the U.S. and is not prosecuted often.
Treason must be intentional. If a person was forced to aid the enemy, that does not constitute treason. However, the First Amendment limits treason prosecutions but does not protect speech intended to incite violence. Therefore, words can serve as proof of treasonous intent. Besides, a treason charge can be committed by waging war against a government, aiding an enemy, or even providing false information.
Limitations of treason charges
The limitation of treason charges against a sitting president stems from the fact that a criminal trial would require specific proof of treason, and there are several ways to prove it. The government must present at least two witnesses to prove an overt act. In addition, treason is related to several other crimes, so it is possible that more than one criminal statute applies to the same conduct.
To prove a case, the prosecution must prove that the president intended to levy war or provide aid to an enemy. This is not easy. Generally, the prosecution must prove a specific intent through a statement. However, it is possible to prove an intent simply by context. In the case of a sitting president, the context can be vital in proving treason charges against him.
The Greathouse case may be a severe barrier to prosecuting a president for treason. However, subsequent case law on treason has swamped Field’s analysis. The Supreme Court addressed the concern of end-runs around treason in Ex Parte Quirin and Hamdi v. Rumsfeld. The Supreme Court’s analysis of these cases informs contemporary observers’ thinking on this topic.
There are many other constitutional limitations on treason charges against a sitting president. First, the Constitution’s definition of treason is relatively narrow. It includes waging war against the United States or giving aid to a foreign enemy. This means that the president cannot be prosecuted for treason unless there are two witnesses to back him up. Second, the Constitution does not have a statute of limitations for treason.
Impeachment of a president
In Singapore, the Constitution permits the impeachment of a sitting president for treason, corruption, and mishandling presidential elections. The charges must be severe enough to warrant impeachment, and the process can be initiated by the prime minister, a group of senators, or a majority of members of the National Assembly. After the charges are accepted, the president will be convicted of the charges or resign.
During the trial, the Senate will debate whether or not to bring witnesses to the trial. Although Trump has declined to appear in person, the Senate can subpoena him to testify. If he refuses, he will likely fight it. If he is convicted, Trump will be removed from office. If his impeachment is successful, he would be forced to testify.
If impeachment proves to be a sufficient remedy, the House of Representatives can remove the President and Vice President from office. The Senate, however, must find the president guilty of treason, bribery, or another high crime. Only then can he be removed from office. This procedure is known as a trial by commission. A president cannot be removed by impeachment by one vote alone.
If the House impeaches Trump, the vice president is the next step in succession. If the Senate fails to impeach him, it will appoint his successor. Currently, the line of succession follows Vice President Mike Pence, the House Speaker Nancy Pelosi, and the President Pro Tempore of the Senate, Charles Grassley. If the Senate accepts Trump’s impeachment, the new president will take office and will be sworn in as the 45th president.