When the FBI Comes Calling…®

When the FBI Comes Calling…^®

You may be charged with:

Treason (18 U.S.C. § 2381)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant holds allegiance to the United State (through Citizenship, Green Card, Permanent Resident status, a Visa, etc);
2. That the defendant, through an overt act, levied war or assisted other nations or entities in levying war against the United States;
3. That the defendant adheres to the will of an enemy nation or entity;
4. That the defendant acted knowingly and willingly;
5. That the defendant has confessed to committing the above mentioned act; or
6. That two witnesses have testified to having fallen witness to the same overt act in furtherance of a larger scheme to levy war or assist in its levy against the United States.

So how have the courts interpreted the Treason statute?

A. An American citizen owes inherent allegiance to the United States no matter where he may reside. Kawakita v. United States, 343 U.S. 717 (1952);
B. When a defendant signed a piece of paper which effectively stated "that I swear allegiance to Germany," the note was too vague and indefinite to constitute a formal renunciation of allegiance to the United States and did not qualify as the absolute allegiance to a foreign power requisite for conviction under the statute. Gillars v. United States, 182 F.2d 962 (D.C. Cir. 1950);
C. No battle or use of force need be committed for one to levy war, for if an army of armed men are assembled into a posture for war, they have the intent to commit an act of hostility and therefore may be considered to levy war under the statute. United States v. Burr, 25 F. Cas. 187, (CC Va 1807) and United States v. Greiner, 26 F Cas No 15262 (E.D. Pa. 1861);
D. The level of intent requisite for a conviction under the statute must be one not merely to commit overt acts, but to fundamentally betray the country by means of such acts. Cramer v. United States, 325 U.S. 1 (1945).

Potential Punishment:
Anyone convicted for Treason shall be liable for fine of no less than $10,000, shall be imprisoned for no less than 5 years, and shall be disallowed from employment by the federal government.

Misprison of Treason (18 U.S.C. § 2382)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant holds allegiance to the United State (through Citizenship, Green Card, Permanent Resident status, a Visa, etc);
2. That the defendant has or had knowledge of the commission of any treason against the United States;
3. That the defendant concealed or otherwise failed to disclose such knowledge to an agent of the federal government as soon as possible.

Potential Punishment:
Anyone convicted for Misprison of Treason may be fined and imprisoned for up to 7 years.

When one is charged under this statute, the AUSA will seek an indictment from a Federal Grand Jury and may include charges under other federal statutes, like Terrorism, Treason, NBC Weapons, or Subversion, and is likely to couple those charges with lesser included offenses such as False Statements or Obstruction of Justice where applicable. Should the government decide not to immediately seek indictment, one may be held under the Material Witness statute or, if related to any ongoing war (including the War on Terrorism) may be held through Combatant Detention.