Treason

Attempting to overthrow the government to which one owes his or her allegiance or assisting that govern-ment's enemies. The history of treason is populated by numerous infamous names, including Benedict Arnold, Guy Fawkes, Julius and Ethel Rosenberg, and John Walker Lindh.

The history of the crime of treason is a long one. As early as 1350, the English Statute of Treason distinguished between two forms of treason—petty and high. Petty treason was the murder of one's lawful superior, including when a wife killed her husband or a servant killed his master. High treason, on the other hand, dealt with acts that were serious threats to the stability or continuity of the state. It included attempts to kill the king, the act of counterfeiting coins, or waging war against the state. In the 18th century, high treason was further defined as encompassing or imagining the death of the ruler, violating the ruler's companion or heir, levying war against the ruler, and adhering to the ruler's enemies. The punishment for high treason in England, up until 1998, was death.

In the United States, the crime of treason is spelled out in the Constitution. Article III of the Constitution defines treason as levying war against the United States or giving aid and comfort to its enemies. Possible penalties for treason under U.S. law include five or more years in prison, a fine of $10,000 or more, preclusion from holding any public office, and death.

There have been approximately 40 federal prosecutions for treason in the history of the United States and even fewer convictions. Several people were convicted of treason as a result of the Whiskey Rebellion of 1794; they were all pardoned by President George Washington. Perhaps the most noted trial for treason was that of Aaron Burr in 1807. The former vice president was charged with treason on the grounds that he was planning to set up a new nation between Mexico and the area west of the Appalachians. Burr was acquitted due to the lack of the required two witnesses.

The most controversial 20th-century case of treason may have been the case of the Rosenbergs. A husband and wife, Julius and Ethel Rosenberg were convicted in 1951 of conspiring to steal U.S. atomic secrets for the Soviet Union. Although a great deal of debate surrounded their trial and shocking execution, the charge was confirmed years later, at least concerning Julius, by declassified Soviet secret transmissions.

Treason laws are also found in the statues of states. Florida, for example, defines treason as levying war against the state, adhering to its enemies, or giving them aid and comfort. There have been only two convictions for treason at the state level in the United States. Thomas Dorr, leader of a rebellion in Rhode Island in 1842, was tried and convicted of treason against the state. The radical abolitionist John Brown was tried and convicted of treason in Virginia as a result of his raid on a government arsenal in Harpers Ferry, Virginia, in 1859.

The most recent cases of treason have been related to wars, including the U.S. war against Afghanistan in 2001. During Operation Enduring Freedom, while fighting for the Taliban, U.S. citizen John Walker Lindh was captured by U.S. forces and became the subject of a great media blitz. Brought to trial, but not on charges of treason, Lindh eventually pled guilty to lesser charges and is currently serving time in prison in California.

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