Treason by a President of the United States (POTUS) is narrowly defined in Article III, Section 3 of the Constitution as levying war against the U.S. or adhering to its enemies by giving them aid and comfort. It requires two witnesses to an overt act or confession in open court.
Definition and Key Aspects
- Constitutional Definition: Article III, Section 3, Clause 1 defines treason solely as:
- Levying war against the United States.
- Adhering to their enemies, giving them aid and comfort.
- Conviction Requirements: No person can be convicted unless they confess in open court or there is testimony from two witnesses to the same overt act.
- Intent: There must be a clear, disloyal intent to betray the nation, not just actions that could be construed as aiding an enemy.
- Scope: This narrow definition was intended by the Framers to prevent the abuse of treason charges to silence political opposition, a common tactic in monarchies.