Trying to think outside the box here.
If members of Biden's cabinet entered into office knowing they planned to act unconstitutionally, this would make a plausible assumption they were protecting themselves from future charges of treason by failing to submit a valid oath of office.
If you never submitted a official oath of office, you essentially have not taken a pledge to fulfill their duties to the office in a constitutional manner. It would be impossible to charge them with treason. However, it could be argued that these public officials owed us their loyalty and failed, could this be misprision of treason?
Q may have indicated there are other charges to convict them with.
Could all of these individuals who failed to submit a valid oath of office be forced to take a oath that is retroactive and if they fail to do so, then it is safe to say they know they were acting treasonously when they refuse to take a retroactive oath.
It appears that Lincoln administered a loyalty oath to prisoners of war after the civil war. It also seems that a retroactive clause was added is some situations.
https://en.wikipedia.org/wiki/Loyalty_oath
We have 535 members in House and Senate. What if today, every member in the House and Senate today have failed to submit a valid oath of office. We may see many come forward and take a retroactive oath of office knowing that they have nothing to hide, however we may see many other who refuse because they know that treason charges may apply. They are immediately removed from office and prosecuted.
I guess I am wondering if there is a white hat plan that may be used in near future to weed out the bad from the good. The bad would refuse a retroactive loyalty oath and immediately create a red flag above their head.
What's your thoughts?
Stay safe my frens!!!
WWG1WGA!!!
If they're an American citizen and actively work against the U.S. Constitution, the U.S. Govt, and/or it's People, they can be tried for treason regardless of whether, or not, they have sworn their allegiance by reciting some oath.
Not having done so when they took their positions in the Admin doesn't change that fact. So, your comment about not being able to charge them with treason if they haven't sworn the Oath yet is invalid. Also, a retroactive swearing if the Oath is common practice, more so than a lot of people may know. So if it does turn out that a lot of "Biden's" Admin hasn't sworn the Oath yet, their actions can only be covered constitutionally if they take a retroactive Oath.
If, however, any of them refuse, then they can be removed from their positions, but not charged with treason, UNLESS it can be proven in a court of law that they were indeed acting against the interests of the U.S. Govt, the U.S. Constitution, or the U.S. People, and there wouldn't be any legal recourse they could use to stop such a proceeding.
Yeah, can’t an ordinary citizen be charged with treason?
They can as long as it is treason against the United States. A good example would be any member of the media that supports this sorry excuse of an adminstration.
The American people can capture their bond for this. Once they lose bonding they're ineligible for any public office.
Giddy up
So why don’t we go ahead and capture the bonds of those that we know have, knowingly violated the constitution?
You are correct, they would be treasonous however, getting a charge to stick would be difficult without a oath of office swearing loyalty to the Constitution.
I am no legal scholar but the reason I made that statement is because it was said by the attorney in my prior post, Todd Callander. Todd said, without the oath to office they may only get charged with impersonating a public official. Perhaps he was trying to gaslight us, who knows.
I think treason is very difficult to prosecute, several stipulations apply. If you pursued treason charges and didn't prove your case beyond reasonable doubt, the person could walk away free. Instead prosecute for a lesser charge where you have a better conviction probability.
Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."
To be convicted of treason, prosecutors must prove that the defendant committed one of the two enumerated acts and did so with the "specific intent to betray" the United States. A person can only be convicted of treason on the testimony of two witnesses describing the same act or by the defendant's confession.
https://www.thefederalcriminalattorneys.com/federal-treason
Do you think the treasonous politicians are going to start standing in line to testify against each other. I don't.
In the link above there is a list of lesser crimes that treasonous politicians could be prosecuted for and in most instances, it would be reasonable to go for a lesser charge to guarantee a conviction.
Sedition, Rebellion/Insurrection, Advocating Overthrow of Government, Misprision of Treason
If you charge with treason and fail to prove your case beyond reasonable doubt, they walk and can't be charged for the same crime twice.
I think if they were tried before a jury of their peers...yeah that's a done deal.
So any of the forgetful oath filing dodges can be covered by a “my bad”? Retroactive shouldn’t be an option.