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Nomorelies · Posted: Thu Aug 26, 2004 2:00 am Post subject: Legal question

Out of idle curiosity, just how long is the statute of limitations for treason? Anybody out there know?
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thegunnerswife · Seaman Apprentice Joined: 23 Aug 2004 Posts: 96

I'm trying to look into it for you. So far the consensus is that there isn't one.
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republicanveteran · Commander Joined: 29 Jul 2004 Posts: 333 Location: Texas

I'm not a lawyer, but since treason is punishable by the death penalty. I don't believe there is one

Nomorelies · Posted: Thu Aug 26, 2004 2:30 am Post subject: Next question

If there is no statute of limitations for treason, can ordinary citizens bring charges of treason against someone? Something like a citizen's arrest? Or, like a class-action kind of thing?
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ASPB · Posted: Thu Aug 26, 2004 2:32 am Post subject: Re: Next question

thegunnerswife · Seaman Apprentice Joined: 23 Aug 2004 Posts: 96

Perhaps there is something in the Constitution that would clarify. I am reading that there is a part of it that speaks of treason. I'll go see what I can find.
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thegunnerswife · Seaman Apprentice Joined: 23 Aug 2004 Posts: 96

Article III

Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

http://www.law.cornell.edu/constitution/constitution.articleiii.html#section3
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azpatriot · Posted: Thu Aug 26, 2004 2:35 am Post subject:

Here is a good site on constitutional law you may find it there.

http://www.constitution.org/

zinfella · Posted: Thu Aug 26, 2004 2:45 am Post subject:

This is a double edged sword. While there is no statue of limitations for treason, just like murder, it requires two witnesses to be prosecuted, unlike murder. Treason is not at all an easy charge to prove in a court of law. It really doesn't matter what you and I think, when it comes to treason, what matters is what can be proven in court.
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EODARMY · Seaman Joined: 22 Aug 2004 Posts: 168

Kerry would fall under the UCMJ, Article 104, Aiding the enemy. His little trip to Paris.

Any person who--
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.

Nomorelies · Posted: Thu Aug 26, 2004 2:57 am Post subject:

That's precisely what I had in mind.
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thegunnerswife · Seaman Apprentice Joined: 23 Aug 2004 Posts: 96

Good, I'm glad!

Come up with some more good questions. I love looking stuff up!!! I learn so much. I have learn ALOT since registering on this site. I love it!!! AND YES - I WILL BE DONATING come pay day! Smile

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ArmyWife · Lieutenant Joined: 06 Aug 2004 Posts: 218

gilliam · Seaman Apprentice Joined: 09 Aug 2004 Posts: 97

Nomorelies · Posted: Thu Aug 26, 2004 4:25 am Post subject:

I don't think the issue of his being in the military (or not) applies. The fact that he made the little trip to Paris to broker a surrender with agents of the enemy during wartime was serious. And, since it is a matter of public record it would be easy enough to find two witnessess. The only thing that may not be known is what transpired and I suspect the CIA has a very good idea what was said, to whom and where.
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