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"or in adhering to their Enemies, giving them Aid and Comfort" What is an enemy of the United States? 50 USCS § 2204 says that enemy of the United States means
by cryptonector 7y ago
"or in adhering to their Enemies, giving them Aid and Comfort"
What is an enemy of the United States?
50 USCS § 2204 says that enemy of the United States means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States [https://definitions.uslegal.com/e/enemy-of-the-united-states/ https://definitions.uslegal.com/e/enemy-of-the-united-states...].
I don't know how much case law there is about that.
It's certainly the case that if there was a declared war, then aiding the declared enemy would be treason, and only Congress can declare war.
In the case of adherence to an opponent in hostilities w/o a declared war, my guess is no court would sustain a treason charge. But that's a guess. In any case, it'd be strange if the President's say-so alone (tweeted or otherwise) could cause someone to be guilty of treason!
In any case, the paucity of treason charges (none since WWII) and convictions, together with the large number of lesser charges available, means that it's extremely unlikely that we'll see a treason charge in any event not connected to a formal declaration of war by Congress.