Tulsi Gabbard made NO factual statements which were either false or wrong. And the charge of Treason, under our Constitution, cannot be used to silence legitimate political opposition.
Good post! Since Treason is, as you clearly point out, a VERY specific crime, which has very specific elements, what Tulsi Gabbard did could never be considered same and any attempt to charge her with Treason would hardly stand a chance of even making through a preliminary anything... Lawsuits are composed of Elements of the Law... Making political statements that disagree with another person's views is not Treason, on its face. The penalty for Treason is death. Throwing around accusations of "treason" for differing political viewpoints shows at best an ignorance of the Law AND the Constitution, and at worst, a deliberately malicious and dishonest attempt to smear someone or, in this case, to attempt to bully them into silence or cause others to respond with undue hostility. It's worthy of some serious disapproval, as Tucker and Tulsi have shown.
Definition of the Elements of Treason:
The elements of treason are the same under state and federal law: the defendant owes allegiance to the government, and the defendant intentionally betrays that allegiance by either levying war against the government, or giving aid or comfort to the government's enemies.
Also: "The offense of attempting to overthrow the government of the state to which one owes allegiance, either by making war against the state or by materially supports its enemies."
I hope I didn't get too carried away... So few people in the US really know all that much about the law. And when it's about political treachery, well... I think we're on the same page! Cheers.
Good post! Since Treason is, as you clearly point out, a VERY specific crime, which has very specific elements, what Tulsi Gabbard did could never be considered same and any attempt to charge her with Treason would hardly stand a chance of even making through a preliminary anything... Lawsuits are composed of Elements of the Law... Making political statements that disagree with another person's views is not Treason, on its face. The penalty for Treason is death. Throwing around accusations of "treason" for differing political viewpoints shows at best an ignorance of the Law AND the Constitution, and at worst, a deliberately malicious and dishonest attempt to smear someone or, in this case, to attempt to bully them into silence or cause others to respond with undue hostility. It's worthy of some serious disapproval, as Tucker and Tulsi have shown.
Definition of the Elements of Treason:
The elements of treason are the same under state and federal law: the defendant owes allegiance to the government, and the defendant intentionally betrays that allegiance by either levying war against the government, or giving aid or comfort to the government's enemies.
https://www.criminaldefenselawyer.com › resources › treason.htm
Also: "The offense of attempting to overthrow the government of the state to which one owes allegiance, either by making war against the state or by materially supports its enemies."
-- Black's Law Dictionary, Eighth Edition
Thank you for the nuanced, detailed reply.
I hope I didn't get too carried away... So few people in the US really know all that much about the law. And when it's about political treachery, well... I think we're on the same page! Cheers.