Soldier indicted and accused of selling sensitive military information

https://youtu.be/kZ98MoR2tXo

Chapter 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

SOURCE : https://casetext.com/statute/united-states-code/title-18-crimes-and-criminal-procedure/part-i-crimes/chapter-115-treason-sedition-and-subversive-activities

Federal Criminal Law: January 6, 2021, Unrest at the Capitol

SOURCE : https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=prelim


18 U.S.C. 2385 - Advocating overthrow of Government

SOURCE : https://www.govinfo.gov/app/details/USCODE-2011-title18/USCODE-2011-title18-partI-chap115-sec2385


Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)

SOURCE : https://crsreports.congress.gov/product/pdf/LSB/LSB10564


Treason, Sedition, And Subversive Activities

* 2383 – Rebellion or insurrection. Inciting or assisting a rebellion against the United States, or giving comfort to those who insight an insurrection, can be imprisoned for up to 10 years under this statute.

* § 2384 – Seditious conspiracy. If two or more people in the U.S. conspire to overthrow, destroy, or oppose the U.S. government by force or to prevent the application of the law or to take property of the U.S. contrary to its authority, they can be imprisoned for up to 20 years.

* § 2385 – Advocating overthrow of Government. Knowingly and willfully advocating the overthrow of the U.S. government or the government of any states or territories can result in a fine and up to 20 years of imprisonment. Organizing groups to overthrow the government or circulating materials aimed at overthrowing the government can also result in charges under this statute, as can conspiring to commit any of the offenses listed in 18 U.S. Code section 2385.

SOURCE : https://law.justia.com/codes/us/2012/title-18/part-i/chapter-115/section-2384


Treason Clause

SOURCE : https://constitutioncenter.org/the-constitution/articles/article-iii/clauses/39

Washington made an example for treason.

1.) Revolutionary WarBritish Espionage

THOMAS HICKEY
and the Plot Against George Washington

Justice for Treason
Hickey was court-martialed for his role in the plot against Washington, and pleaded innocent to charges of “exciting and joining in a mutiny and sedition,” and “treacherously corresponding with, enlisting among, and receiving pay from the enemies of the United Colonies.”Hickey was found guilty on June 26, 1776.

Two days later, Hickey was hanged in New York City before 20,000 onlookers. He was the first individual to be executed for treason against what would become the United States. By Washington’s orders, all soldiers who were not on duty at the time were present at the execution. Washington later wrote in a letter to the Continental Congress

“I am hopeful this example will produce many salutary consequences and deter others from entering into the like traitorous practices.”

SOURCE :
https://www.intelligence.gov/evolution-of-espionage/revolutionary-war/british-espionage/thomas-hickey


2.). MILITARY
The Military's Death Penalty System

Under the Uniform Code of Military Justice, 15 offenses can be punishable by death, though many of these crimes — such as desertion or disobeying a superior commissioned officer’s orders — carry the death penalty only in time of war.

The “convening authority” — a high-ranking commanding officer who decides to bring the case to trial — chooses whether the government will seek a death sentence. If the case is referred capitally, the defendant cannot choose a bench [judge only] trial; rather, the case must be tried before a panel of at least five military members (DPIC note: now 12 members are required on the panel for a capital case (RCM 501(a)). The Uniform Code of Military Justice also precludes the defendant in a capital case from pleading guilty. Thus, every military death penalty case is resolved by trial before a panel of servicemembers.

A death penalty will be imposed only if the panel members reach unanimous agreement on four separate points.

HOW MILITARY AND CIVILIAN TRIALS DIFFER

* A ser­vice mem­ber is enti­tled to an Article 32 hear­ing before he or she can be charged with a seri­ous crime and face a court-mar­tial. Similar to a grand jury pro­ceed­ing, such a hear­ing is held in open court with attor­neys for both sides present.

* A mil­i­tary jury in a cap­i­tal case must be unan­i­mous in both its ver­dict and the sen­tence. But if no death penal­ty is sought, a con­vic­tion can be secured with the assent of only two-thirds of the jury.

* The com­mand­ing gen­er­al who con­venes the court-mar­tial must approve the sen­tence and the con­vic­tion and can com­mute sen­tences he or she thinks are too harsh.

* Before a con­demned ser­vice mem­ber can be put to death, the pres­i­dent must sign an affir­ma­tive order explic­it­ly approv­ing the execution.

SOURCE :
https://deathpenaltyinfo.org/state-and-federal-info/military/the-militarys-death-penalty-system

That Sgt. Is in a heap of trouble!