The Meaning of Treason

The report on Fox News that Sergeant Bergdahl at one point during his captivity declared himself a “mujahid,” or warrior for Islam, and may even have been allowed to carry a weapon puts at a premium an understanding of treason. Sergeant Bergdahl hasn’t been accused of treason and would be considered innocent until proven otherwise. The burden is always and only on the accusers. But all the more reason to understand what treason is and why it is so special under American law.  Treason is the only crime the Constitution pre-empts Congress from defining. It’s also the only crime to which such authorities as the police and the FBI mayn’t take a confession. It is the only crime of which the judicial branch is barred from convicting someone through the normal rules of due process. Treason is special, made so because of abuse by the English kings. And it has often been tested in our courts in ways that guide our thinking in the current crisis.

Read more at the NY Sun