The2ndAmendment
Gold Member
The New Democrat spin on Mueller Report is that Trump and/or his campaign officials knowing failed to disclose knowledge of treason and/or felonies to the proper authorities under US Federal Code.
There is no federal law that requires anyone to notify authorities about any crime (unless it's a felony_, with the exception of treason itself (also a felony), and only American citizens can commit treason, since treason only applies to American citizens.
Russia does not owe allegiance to the United States.
Failure to report an act of treason by an American citizen is known as "misprison."
But once again, Russia doesn't owe allegiance to the United States, therefore Trump was not required to inform authorities about Russian attempts to contact his campaign.
Democrats: Explain how Trump committed Misprision of Treason, here's the law below.
18 U.S. Code § 2381 - Treason
18 U.S. Code § 2382 - Misprision of treason
The ONLY REAL CRIME that the Trump campaign MAY have committed is Misprision of a Felony, and that assumes:
1: The Russian agents committed a felony on Union soil (any territory or State within the US).
2: The Trump campaign official was aware that it was a felony for a Russian agent to offer aid in the election.
3: To get to Trump: That the campaign official contacted Trump about the Russian offer.
4: That Trump knew it was a felony for the Russian agent to have contacted his campaign official.
5: In Steps 2 and 4, it must also be known to both the campaign official and Trump that the Russian agent was on Union soil at the time the agent offered help.
18 U.S. Code § 4 - Misprision of felony
How do prove any of that?
There's an article on this and a petition to impeach Trump. That's the only robust source of information pertaining to Trump and misprision of a felony.
Btw the link I'm about to post is still wrong about misprision of TREASON, since Russians do not owe allegiance to the United States.
Sign the Petition
As for the misprision of a felony, since Obama's Justice Department already knew about Russian interference in the election prior to the actual election itself, can Trump or any campaign official actually be charged with misprision? The authorities were already aware. Furthermore those authorities were required to inform Trump and his campaign about it, but they didn't, which is a felony, and therefore every person (in the investigation) in Obama's DoJ, FBI and CIA is therefore guilty of misprision of a felony.
For more details on Misprision of Felony, read the legal theory behind it from the Ninth Circuit (current Case Law application and understanding of general theory behind Misprision):
9th Circuit Clarifies Elements of Misprision of Felony | White Collar Briefly
In this case the "Principal" = Russian agents. Unless the Russian agents are extradited to the US and convicted, there is no legal standing to launch misprision charges against Trump or any of his campaign officials.
On a different note, I don't understand how the 4th pillar (conceal the crime) made it into Case Law as a requirement for Misprision. Misprision is about failing to report a crime, not obstructing it or conspiring to conceal it or framing another party for the crime.
There is no federal law that requires anyone to notify authorities about any crime (unless it's a felony_, with the exception of treason itself (also a felony), and only American citizens can commit treason, since treason only applies to American citizens.
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.
Russia does not owe allegiance to the United States.
Failure to report an act of treason by an American citizen is known as "misprison."
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
But once again, Russia doesn't owe allegiance to the United States, therefore Trump was not required to inform authorities about Russian attempts to contact his campaign.
Democrats: Explain how Trump committed Misprision of Treason, here's the law below.
18 U.S. Code § 2381 - Treason
18 U.S. Code § 2382 - Misprision of treason
The ONLY REAL CRIME that the Trump campaign MAY have committed is Misprision of a Felony, and that assumes:
1: The Russian agents committed a felony on Union soil (any territory or State within the US).
2: The Trump campaign official was aware that it was a felony for a Russian agent to offer aid in the election.
3: To get to Trump: That the campaign official contacted Trump about the Russian offer.
4: That Trump knew it was a felony for the Russian agent to have contacted his campaign official.
5: In Steps 2 and 4, it must also be known to both the campaign official and Trump that the Russian agent was on Union soil at the time the agent offered help.
18 U.S. Code § 4 - Misprision of felony
How do prove any of that?
There's an article on this and a petition to impeach Trump. That's the only robust source of information pertaining to Trump and misprision of a felony.
Btw the link I'm about to post is still wrong about misprision of TREASON, since Russians do not owe allegiance to the United States.
Sign the Petition
As for the misprision of a felony, since Obama's Justice Department already knew about Russian interference in the election prior to the actual election itself, can Trump or any campaign official actually be charged with misprision? The authorities were already aware. Furthermore those authorities were required to inform Trump and his campaign about it, but they didn't, which is a felony, and therefore every person (in the investigation) in Obama's DoJ, FBI and CIA is therefore guilty of misprision of a felony.
For more details on Misprision of Felony, read the legal theory behind it from the Ninth Circuit (current Case Law application and understanding of general theory behind Misprision):
9th Circuit Clarifies Elements of Misprision of Felony | White Collar Briefly
that the principal . . . committed and completed the felony alleged; (2) that the defendant had full knowledge of that fact; (3) that he failed to notify the authorities; and (4) that he took affirmative steps to conceal the crime of the principal.”
In this case the "Principal" = Russian agents. Unless the Russian agents are extradited to the US and convicted, there is no legal standing to launch misprision charges against Trump or any of his campaign officials.
On a different note, I don't understand how the 4th pillar (conceal the crime) made it into Case Law as a requirement for Misprision. Misprision is about failing to report a crime, not obstructing it or conspiring to conceal it or framing another party for the crime.