Treason talk.

Let's look back before this week, to "treason" as it has appeared within the lifetime of this blog. In chronological order:

April 27, 2005: Discussing the "blood" metaphor in constitutional law, I quoted Article III: "The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted."

May 28, 2006: I wrote about the protest singer Phil Ochs declaring the Vietnam War over:

So do your duty, boys, and join with pride
Serve your country in her suicide
Find the flags so you can wave goodbye
But just before the end even treason might be worth a try
This country is too young to die
I declare the war is over
It's over, it's over

July 1, 2006: "The editors of The Los Angeles Times and The New York Times explain how they decide when to publish a secret... Baquet and Keller have written a lengthy defense of their behavior, behavior that they know has been severely criticized, even called 'treason.'"

September 20, 2006: "To me, that's treason. I call it treason against rock-and-roll, because rock is the antithesis of politics. Rock should never be in bed with politics," said Alice Cooper, indicting rock stars who were telling people to vote for John Kerry.

August 3, 2007: Markos Moulitsas says that in 2002, "Dissent against the president was considered treason."

August 11, 2007: A 9/11 truther criticizes me for declining to debate him, which he took to mean that I know I'm "complicit in covering up mass murder and high treason."

May 12, 2008: A scholar assures us that the Muslim world would view Obama, the son of a Muslim father, as guilty of apostasy, which has "connotations of rebellion and treason," which is considered "worse than murder."

September 12, 2011: I'm live-blogging a debate in which "treason" is thrown around casually: "Perry stands by his 'almost treasonous' remark, referring to the use of the Federal Reserve for political purposes... Huntsman accuses Perry of treason for saying we can't secure the border."

May 8, 2012: "Isn't it funny, this 'treason' incident?" Mitt Romney, running for President, failed to chide a woman who asked whether Obama should be tried for treason. I brought up (as I did today), the 1964 book "None Dare Call It Treason." I also quoted the casual use of "treason" by Chief Justice John Marshall  Cohens v. Virginia to refer to doing something unconstitutional. ("We have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given. The one or the other would be treason to the Constitution.") And a commenter brought up an even more venerable use of the word, Patrick Henry's "If this be treason, make the most of it." That made me say: "The country was founded on treason. We celebrate the treason we like."

Also on May 8, 2012: "Obama supporters who express outrage over the use of the word 'treason' seem to think the word means nothing but to the crime defined in law — as if the woman Romney talked to wanted Obama tried and executed. It's as if people who say 'property is theft' are freakishly insisting that property owners be prosecuted for larceny. Think of all the words we use that have more specific legal meanings that do not apply: This job is murder... The rape of the land... Slave to love..."

June 17, 2013: Edward Snowden explains why he left the country: " [T]he US Government... immediately and predictably destroyed any possibility of a fair trial at home, openly declaring me guilty of treason and that the disclosure of secret, criminal, and even unconstitutional acts is an unforgivable crime. That's not justice, and it would be foolish to volunteer yourself to it if you can do more good outside of prison than in it."

July 26, 2013: From a post about the death penalty: "Here's the 2008 U.S. Supreme Court case, Kennedy v. Louisiana, which found the death penalty for rape (even rape of a child) to be unconstitutional cruel and unusual punishment. No one has been executed in the U.S. for a crime other than murder since the 1960s, though the Kennedy case leaves open the possibility of capital punishment 'for other non-homicide crimes, ranging from drug-trafficking to treason.'"

April 22, 2014 : Above the Law had hyperventilated, "Justice Scalia Literally Encourages People To Commit Treason," and I punctured it, saying Scalia was just giving his usual speech about the Constitution, which is always subject to the right of revolution explained in the Declaration of Independence. I bring up Patrick Henry's "If this be treason, make the most of it."

February 23, 2015: "'Edward Snowden couldn't be here for some treason,' said Neil Patrick Harris, the Oscars host, when the documentary about him won an award." I said: "I liked the joke, because of its language precision and because it seemed at least a tad risky in the context of Hollywood celebrating itself."

February 29, 2016: Trump hesitated to "unequivocally condemn David Duke and say that you want his vote or that of other white supremacists in this election" after Duke it would be "treason to your heritage" for a white person not to vote for Trump.

October 14, 2016: "Great literature is simply language charged with meaning to the utmost possible degree," said Ezra Pound, who was charged with treason in WWII. He was disaffected after WWI, moved to Italy, felt inspired by Mussolini, and went on the radio criticizing the U.S., FDR, and the Jews.

December 21, 2016: I quoted the official course description for "The Problem of Whiteness," a course offered in the African Cultural Studies department of my university, the University of Wisconsin–Madison: "In this class, we will ask what an ethical white identity entails, what it means to be #woke, and consider the journal Race Traitor’s motto, 'treason to whiteness is loyalty to humanity.'"

January 16, 2017: I quote someone talking about Chelsea Manning: "He is a member of the military who knowingly committed treason. His, or her, gender status has nothing to do with his conviction for treason."

February 10, 2017: I quoted Trump (before his election) talking about Edward Snowden: "I think he's a total traitor and I would deal with him harshly," "And if I were president, Putin would give him over," and "Snowden is a spy who should be executed." I wondered: "But maybe you think Trump will end up looking good forefronting the iniquity of treason."

February 7, 2018: Trump had used the word "treasonous" to describe the Democrats who didn't applaud during his State of the Union Address. Yeah, it was a joke, but: "He's President and in the position of enforcing the law, and from that position punching down. He really should not be joking about treason. And I get that he's punching back, and that's his style. But people aren't just idiots if they feel afraid of a President who isn't continually assuring us that he's aware of his profound responsibilities."

April 17, 2018: I quoted Neil Gorsuch, concurring — and voting with the liberals ‚ in a case about immigration: "Vague laws invite arbitrary power. Before the Revolu­tion, the crime of treason in English law was so capa­ciously construed that the mere expression of disfavored opinions could invite transportation or death. The founders cited the crown’s abuse of 'pretended' crimes like this as one of their reasons for revolution. See Declaration of Independence ¶21."

May 4, 2018: A conservative commentator sarcastically said he was "waiting for the Left to scream treason" over John Kerry's "quiet play to save Iran deal with foreign leaders."

July 17, 2017: I quoted Byron York: "Would it have been appropriate for the Trump campaign to try to find the [Clinton] emails?... What if an intelligence operative from a friendly country got them and offered them? And what about an unfriendly country? Would there be a scale, from standard oppo research on one end to treason on the other, depending on how the emails were acquired?"