Donald Trump committed TREASON

In 2006, another American was charged with Treason for less

Treason. 

That is what Donald Trump committed in attempting to overturn our nation’s 2020 election.

As a lawyer, I understand the legal definition of “Treason” is set forth in United States Constitution, Article III, Section 3. There, it plainly states: “Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.”  (Treason is also codified at 18 U.S.C. Section 2381.)

I also understand that Trump was not charged with Treason—despite his actions (as I will explain later) being far more egregious than those of Adam Gadahn, the only American charged with “Treason” since World War II.

But Trump absolutely committed treason in the way we viscerally understand what that concept means.  He betrayed his oath of loyalty to the United States by attempting to overturn a legitimate election to remain in power despite losing.

Indeed, the indictment against Trump tells us as much. The third line of the charging document reads bluntly: “Despite having lost, the Defendant was determined to remain in power.”   From there, as detailed in the indictment, Trump “pursued unlawful means of discounting legitimate votes and subverting the election results.”

This is not a question of Trump having a good faith basis to either overturn the election or prevent Congress from certifying the 2020 presidential election results when they convened on Jan 6 as mandated by federal law. Rather, as the indictment lays out with numerous examples, “the Defendant was notified repeatedly that his claims were untrue—often by the people on whom he relied for candid advice on important matters, and who were best positioned to know the facts— and he deliberately disregarded the truth.”

Trump didn’t care about the truth, he cared about one thing: remaining in power despite losing the election.  That is why Trump is now charged with the very serious felonies of “conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding.”

While the indictment does not charge Trump for inciting the Jan 6 act of “domestic terrorism,” in his brief statement Tuesday announcing the charges, Special Counsel Jack Smith drew a straight line from Trump’s misconduct to that violent, deadly attack.

Smith, in the calmness and solemnity demanded of this moment, declared, “The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment, it was fueled by lies.”  The Special Counsel then took direct aim at Trump, “Lies by the defendant targeted at obstructing a bedrock function of the U.S. government, the nation’s process of collecting, counting, and certifying the results of the presidential election.”

This is exact same sentiment expressed by the Jan 6 House committee in their final report, “The central cause of January 6th was one man, former President Donald Trump, whom many others followed. None of the events of January 6th would have happened without him.”

Again, all of this flowed from this simple truth laid out in the indictment: “Despite having lost, the Defendant was determined to remain in power.”

If you read the indictment—which I urge you to—not only will your blood boil but viscerally you will agree what Trump did was treasonous. 

It’s true our courts have narrowly construed what constitutes “Treason” given the Framers of the Constitution wanted “to guard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition.” However, if the Framers were here today to see Trump’s actions, I doubt any would hesitate to call it Treason.  

In fact, only one American has been charged with “Treason” since World War II and I’d submit what Trump did was far worse. In 2006, Adam Gadahn, a 28- year old U.S. citizen also known Azzam the American was charged with “Treason” under U.S. law. At the time our nation was locked in the “war on terror” against the terrorist group, Al Qaeda. 

As DOJ explained at the time, Gadahn’s conduct that merited the Treason charge was that he “gave al Qaeda aid and comfort.” How? As DOJ detailed in their press release announcing the charge, “Gadahn appeared in several videotapes that were broadcast between October 2004 and Sept. 11, 2006.” DOJ noted that in these videos, Gadahn announced he was joining Al Qaeda, threatened that more violence would come to the United States and “encouraged American soldiers to “escape from the unbelieving Army and join the winning side.”

Then Deputy Attorney General Paul J. McNulty stated at the time Gadahn was charged with Treason:  “The War on Terror is a fight for hearts and minds, and Gadahn gave himself to our enemies in al Qaeda for the purpose of being a central part of their propaganda machine.” He added, “By making this choice, we believe Gadahn committed treason – perhaps the most serious offense for which any person can be tried under our Constitution.”

Let’s be blunt. What Trump did was far worse than Gadahn appearing in a few videos. Trump was the mastermind of a “propaganda machine” to win the “hearts and minds” of Americans to support his coup attempt. And Trump—like an Al Qaeda recruiter—radicalized people based on lies which ultimately—as Jack Smith declared Tuesday—”fueled” the Jan 6 terrorist attack.

And since Jan 6, Trump has consistently offered “aid and comfort” to the terrorists who waged that attack.  I don’t mean in just words as he has done by repeatedly defending those arrested as being victims of a “weaponized” DOJ. But in overt actions, such as making a video played during a fundraiser hosted by the Patriot Freedom Project, which assists those charged for Jan 6, where he claimed the Jan 6 attackers were “treated unconstitutionally in my opinion and very, very unfairly, and we’re going to get to the bottom of it.”   

He has publicly touted the"J6 Prison Choir" and its song, "Justice for All," which features Trump reciting the Pledge of Allegiance mixed with the national anthem sung by people incarcerated and awaiting trial. And despicably, Trump has repeatedly pledged to pardon those who waged the attack on our Capitol—the first since the War of 1812. That is what “aid and comfort” to the enemy looks like! That is what TREASON looks like!

I have been LOUDLY clamoring for Trump to be charged for his attempted coup for more than two years on my radio show, in articles and on cable news. I have even posted on social media daily a count out from Jan 6 so people were reminded how long had past and the need for Trump to be brought to justice.

Finally, we are seeing the first step towards accountability for these crimes. But despite what the actual charges are called, what Trump committed was Treason. As such, Trump must spend the final days of his life in a prison cell in order to deter others—regardless of political party—from ever mimicking Trump’s treasonous conduct. That is how we protect our Republic.

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