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Treason is defined in the Constitution (and in statute law) in a way that precludes conviction for treason except upon confession in open court, or on the testi
by jkaplowitz 6y ago
Treason is defined in the Constitution (and in statute law) in a way that precludes conviction for treason except upon confession in open court, or on the testimony of two witnesses to the same overt act. Treason can't be proved merely by the executive branch deciding you've committed it. The loss of citizenship would only happen upon conviction by a court martial or by a court of competent jurisdiction, according to the statute.
Additionally, technically there are two other requirements before committing treason causes a loss of citizenship, just as with all the other potentially expatriating acts: the treason must be committed voluntarily and with the intent to relinquish citizenship, as judged on a preponderance of the evidence standard (i.e. more likely than not). This is a court proceeding and the claimed loss of citizenship can be challenged, though of course those requirements are more likely to be satisfied in treason cases than in some of the other potentially expatriating acts.
None of this is consistent with a unilateral military strike.