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PaperclipPerfector  7mo ago (text post)   25441 thread views

Culture War Roundup for the week of April 8, 2024

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Convicting Assange of treason in the US should be absolutely impossible, because he's not an American citizen or even permanent resident, and never has been. He owes the US no duty of loyalty. That doesn't mean it actually is impossible of course, but 18 USC 2381 doesn't disagree on the requirement.

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

Espionage, on the other hand, can be committed by foreign nationals.

This is the most hilarious legal clause ever. If you're guilty of treason you shall suffer death... or be subject to prison for five years and fined $10,000. What a spread of possible sentences!

Indeed!

This spread dates back to the Civil War, when there were a lot of traitors whom the government would rather not put to death. In the event, most of them weren't even charged, but Congress wanted to have that option available.

"Not less than" is doing a lot of work, or at least more than you appear to be giving it credit for. But yes, it is quite a spread.

I also find the phrase "suffer death" amusing, especially in light of @self_made_human 's transhumanist rants on that topic.

That phrasing has a long tradition in Anglo law, see e.g. the Royal Navy's articles of war from 1749:

      • shall suffer death, or such other punishment, as from the nature and degree of the offence a court martial shall deem him to deserve

This or very similar phrasing appears in many of the articles.

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