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.
Levying war means the assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are considered as engaged in levying war, within the meaning of the constitution.
This would mean that anybody who is conducting war against the United States is committing a treasonous act against the United States. Also, anybody who would assist those in the conduct of the war, no matter how small or insignificant, or how far from the action that person was, would be considered to be engaged in the act of levying war against the United States or they would be guilty of treason.
To give aid and comfort would mean to help, support, assist, and encourage. The word aid is explained as comprehending all persons counseling, abetting, plotting, assenting, consenting, and encouraging doing the act.
Islamic Jihadists, Al-Qaeda, declared war on the United States at least twice, even before September 11, 2001. One time was in August of 1996, and the other time was in February of 1998. These declarations of war have never been rescinded by the Jihadists. Other branches of Jihadists continue to declare war against the United States along with restating their ultimate goal of killing all of us infidels. Consequently, the United States has been at war with Islamic Jihadists since at least August of 1996.
146 Guantanamo prisoners have been released by Obama since his time in office. 5 of the most dangerous prisoners were released in exchange for Bo Bergdahl who is currently facing the possibility of life in prison for acts he committed while serving in the armed forces.
A new from Director of National Intelligence James Clapper claims 116 detainees released from Guantanamo Bay have returned to the terror battlefield. The report verifies that 17.9 per cent of the prisoners released from Gitmo are "confirmed of re-engaging.” This number does not include those who return to assist the Islamic Jihadists in ways other than direct battlefield engagement.
Any time prisoners are released from Guantanamo, regardless of the country to which they are released, a certain number will return to the Islamic Jihadists to assist in the effort of levying war against the United States. Any person who assists the enemy in that effort, no matter how minute or how far removed, is considered to have engaged in the act of levying war against the United States and has consequently committed a treasonous act against the United States. The act of releasing the prisoners, knowing some of them will re-engage, is assisting the enemy.
Many people will defend the action of releasing prisoners of war to the enemy in exchange for the release of our prisoners or some other quid pro quo, and properly so. Only one time did Obama have an exchange of prisoners or require something in return, and that particular action is under scrutiny and deservedly so. All the other releases are simply releases for domestic political purposes with the action resulting in the aiding and abetting of an enemy of the United States who has declared war against us and is in the act of levying war against the United States.
Even under the most stringent interpretation of Article III, Section 3 of the Constitution, an act of treason has been committed, is being committed, and has been promised to be committed again with the release of Gitmo prisoners and the promise of future releases.