united-states
Did Michael Flynn commit treason?
<h2>Context</h2>

<p>In this <a href="http://www.mmo-champion.com/threads/2221878-Michael-Flynn-committed-Treason" rel="nofollow noreferrer">Thread</a> the user titles it '<em>Michael Flynn committed Treason</em>'. </p>

<p>He believes that Michael Flynn committed treason, Treason is defined in the <a href="https://www.law.cornell.edu/constitution/articleiii" rel="nofollow noreferrer">Article III Section 3</a> of the U.S. Constitution as: </p>

<blockquote>
  <p>Treason against the United States, shall consist only in levying war
  against them, or in adhering to their enemies, giving them aid and
  comfort. No person shall be convicted of treason unless on the
  testimony of two witnesses to the same overt act, or on confession in
  open court.</p>
  
  <p>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.</p>
</blockquote>

<p>So, I'm not sure how much this would be defined as Treason. From my understanding Treason is defined as someone who the U.S. has declared war on, and they officially haven't done that according to <a href="http://edition.cnn.com/2016/07/18/politics/isis-declaration-of-war/" rel="nofollow noreferrer">this article</a>. </p>

<blockquote>
  <p>But the U.S. hasn't formally declared war on ISIS -- or on anyone else
  since 1942, when Congress voted to do so against Nazi Germany allies
  Bulgaria, Hungary and Romania.</p>
</blockquote>

<p><sup>Am I right in this assertion?</sup></p>

<h2>Question</h2>

<p>Did Michael Flynn commit treason?</p>

<p>Since the treason statute is quite vague, you have to discover what the details of the law is by looking at precedent. Almost all federal treason convictions in the US have involved declared wars. There is the case of <a href="https://en.wikipedia.org/wiki/Fries%27s_Rebellion#Trials" rel="noreferrer">John Fries</a>, an early tax rebellion case in 1800, who was pardoned by the president thus rendering the need for legal appeal moot, but this involved armed insurrection and is thus not analogous. All other federal cases have involved people supporting the enemy in case of a declared war. In this specific case, the allegation is that by advocating not working with Syrian Kurds in an assault on Raqqa (because it was thought to be in the best interests of the US in terms of our relationship with Turkey, given the position of the Turkish state w.r.t. Kurds), Flynn benefited ISIS. Compared to various wartime treason convictions, such as <a href="https://en.wikipedia.org/wiki/List_of_people_convicted_of_treason" rel="noreferrer">Tokyo Rose and Axis Sally</a>, the difference between imaginary "aid" in the case of Flynn vs. actual aid in the other cases is so stark that there is no case to be made for a treason charge. </p>

<p>Treason is defined in Article III, Section 3, Clause 1 of the United States Constitution (it is the only constitutionally defined crime):</p>

<blockquote>
  <p>Treason against the United States, shall consist only in levying war
  against them, or in adhering to their enemies, giving them aid and
  comfort.</p>
</blockquote>

<p>The legal meaning of the word "enemy" in the context of treason law, is a country or group upon whom a war has been declared.</p>

<p>Michael Flynn did not levy a war against the United States.</p>

<p>Michael Flynn did not give aid and comfort or adhere to a country with whom the United States was currently in a declared war.</p>

<p>Therefore, Michael Flynn did not commit treason.</p>
