According to the U.S. Constitution (Article II, Section 3), 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.
According to the law, the prosecution must prove the necessary elements in order to get a conviction for treason. These include the following:
- The accused supported an enemy of the United States or undermined the United States without necessarily supporting a specific enemy;
- The accused had the specific intent to betray one’s country; and
- The accused must have committed an “overt act” of treason (in other words, an active attempt to commit treason and not just mere intent).
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