The most tortured word in the annals of American law surely must be the word “treason.” Politicians, reporters and talking heads from all political perspectives routinely incite the spread of ignorance (hopefully unintentionally) by tossing around “the word” as if they actually know what it means. Then, when the facts of a national story support its use, for some reason, all of them (again, on both sides of the aisle) lose their voice or vocabulary or both.
Perhaps Hoda Muthana’s only contribution to America is to provide us with a teachable moment.
Hassan Shibly, attorney for Muthana’s family, said Hoda has realized she made a mistake in moving to Syria and wants to return to the USA to face justice and "pay any debts she has to society.” Hoda Muthana, an admitted convert to ISIS, regrets her decision to foment war upon the United States and now wants “to return home.”
President Trump and Secretary of State Mike Pompeo will not let her return because they claim she is not a United States citizen and, therefore, has no legal right to return.
This article does not address the question of whether she is, in fact, an American citizen. Rather, for purposes of same, it is assumed she is such a citizen. Nor does it address whether there might be some valid policy reason to permit her to return.
It does address whether Muthana should be so willing to claim citizenship, face American justice and "pay any debts she has to society.” She might be well-advised to examine her vulnerability.
Some real definitions and truth about this subject are in order:
First, Article III, §3 of the United States Constitution defines treason against the United States as “the levying of war against [the United States] or in adhering to their enemies, giving them aid and comfort.” It is suggested that her membership in ISIS and marriage to two ISIS husbands, both of which were killed in combat, satisfies both definitions of treason.
Second, although not specifically stated in the Constitution, it is settled law that only two types of persons can commit treason: citizens of the United States or those who have a duty of allegiance to the United States through other means, not important here. By definition, in general a non-citizen at war with the United States cannot commit treason.
Third, just for added insight, a “traitor” is not necessarily a person who has committed treason. The term “traitor” is not defined in the Constitution and has a much broader meaning than a perpetrator of treason. A traitor is “a person who betrays a friend, country or principle.” Betrayal is much broader than levying war or adhering to the enemy.
Fourth, the same Article III, §3, gives Congress the power to declare the proper punishment for treason and Congress has done so in 18 U.S. Code §2381 by declaring the maximum penalty of death as an available punishment.
Before concluding, add this to your knowledge of Constitutional trivia. No one has ever been put to death for having committed treason against the United States in spite of past convictions being obtained and thousands have committed treason against the United States without ever having been charged. Think about it – it’s not that difficult. Treason is the only crime defined in the Constitution. If you retain any of this, your table will likely score points at your next trivia fund raiser. No charge.
In conclusion, most people erroneously toss around the word “treason” when what they really mean is “unAmerican.” For example, then presidential candidate Governor Rick Perry accused then Chairman of the Federal Reserve Board, Ben Bernanke, of treason for continuing to print money with reckless abandon. Traitorous? Maybe. UnAmerican? Maybe. Treasonous? Ludicrous.
In the last few weeks, the left has lost its collective mind. Their hatred of President Trump is so over the top that, in response to his declaration that Muthana will not be permitted back into this country, I fully expect some on the left to shortly welcome her with open arms. Indeed, they may well praise her for her past hatred of America. C’mon Maxine. We’re waiting for the sound bite. Nothing would surprise me. Although not likely, if she is allowed in, ironically her admission of “citizenship” could, at least in theory, get her executed. Assuming she is an American citizen, her story is the closest thing to treason I have seen in a while. Perhaps Attorney Shibly would like to rethink Hoda Muthana’s desire to face American justice and "pay any debts she has to society.”
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Tad Armstrong is an Edwardsville, Illinois, lawyer, founder of ELL Constitution Clubs (www.ellconstitutionclubs.com) and author of “It’s OK to Say ‘God’” and “ONE.”