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How is this not treason, exactly?

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21 February 2019, 12:14 PM
pianojuggler
How is this not treason, exactly?
You know who you are: Please stop sniping at each other.


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21 February 2019, 01:24 PM
Piano*Dad
Big Grin
21 February 2019, 02:04 PM
teachum
Saw an interview with I believe her brother this morning. He states she is willing to be held accountable for her actions and share whatever info she has. Let her back in, arrest her and try her on whatever are the appropriate grounds. I would think it is prison. Send her to prison.


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You'll be 10 years older 10 years from now no matter what...so go for it! Registered *Flaming Liberal* Piano - Estonia 190 in Satin Mahogany

21 February 2019, 02:30 PM
QuirtEvans
quote:
Originally posted by teachum:
Saw an interview with I believe her brother this morning. He states she is willing to be held accountable for her actions and share whatever info she has. Let her back in, arrest her and try her on whatever are the appropriate grounds. I would think it is prison. Send her to prison.


Good to see you, and +1.
21 February 2019, 02:56 PM
teachum
quote:
Originally posted by QuirtEvans:
quote:
Originally posted by teachum:
Saw an interview with I believe her brother this morning. He states she is willing to be held accountable for her actions and share whatever info she has. Let her back in, arrest her and try her on whatever are the appropriate grounds. I would think it is prison. Send her to prison.


Good to see you, and +1.


Smiler


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You'll be 10 years older 10 years from now no matter what...so go for it! Registered *Flaming Liberal* Piano - Estonia 190 in Satin Mahogany

21 February 2019, 03:07 PM
Cindysphinx
I think the concern with trying her is the difficulty of getting proof. Who is going to testify about what she did? And to the extent any intelligence is sensitive or classified, her attorneys might be able to exploit the absence of proof.

I think that is why they would prefer not to risk it.
21 February 2019, 04:19 PM
teachum
quote:
Originally posted by Cindysphinx:
I think the concern with trying her is the difficulty of getting proof. Who is going to testify about what she did? And to the extent any intelligence is sensitive or classified, her attorneys might be able to exploit the absence of proof.

I think that is why they would prefer not to risk it.


Hmmm - that didn't occur to me. But then, you are the one with the legal mind.


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You'll be 10 years older 10 years from now no matter what...so go for it! Registered *Flaming Liberal* Piano - Estonia 190 in Satin Mahogany

21 February 2019, 04:31 PM
QuirtEvans
The point, however, remains. She was born in the U.S. She had not one, but two, U.S. passports. The Constitution seems to provide birthright citizenship.

If she's a citizen, you cannot exclude her from the country because the proof would be difficult.
21 February 2019, 05:07 PM
Piano*Dad
I thought there might be a legal issue about her Yemeni diplomat parents. There is an argument that she may not qualify for birthright citizenship.

I don't think there is too much risk in trying her if she returns. I think there is a public record of her activities.

These Interviews Alone...


... might be enough to convict her.

Ezra Pound's broadcasts from Italy kept him in jail from 1945 to 1958.

[Family story in there ...]
21 February 2019, 06:43 PM
Cindysphinx
Well, let's not conflate 2 arguments that should be separate. 1st, there is the question of whether she is a citizen. If her passport was issued in error, that does not Grant her citizenship. So whether she hold 2 passports from the United States or 50, she is not a citizen merely virtue of holding those passports.

Second, if she is a citizen, then of course she cannot be barred from the United States but can and should be tried for her crimes and incarcerated for a very long time if found guilty of treason.
21 February 2019, 07:31 PM
QuirtEvans
quote:
Originally posted by Piano*Dad:
I thought there might be a legal issue about her Yemeni diplomat parents. There is an argument that she may not qualify for birthright citizenship.

I don't think there is too much risk in trying her if she returns. I think there is a public record of her activities.

These Interviews Alone...


... might be enough to convict her.

Ezra Pound's broadcasts from Italy kept him in jail from 1945 to 1958.

[Family story in there ...]


I'm not sure how a statute that says that children of diplomats don't get birthright citizenship can override the Constitution.
21 February 2019, 07:34 PM
QuirtEvans
quote:
Originally posted by Cindysphinx:
Well, let's not conflate 2 arguments that should be separate. 1st, there is the question of whether she is a citizen. If her passport was issued in error, that does not Grant her citizenship. So whether she hold 2 passports from the United States or 50, she is not a citizen merely virtue of holding those passports.


Passports aren't issued to non-citizens. One might reasonably argue that the issuance of a passport is evidence that the government, at least at one time, conceded that she was a citizen, and that the Trump Administration is trying to pretend that that judgment had not been made on an ex post facto basis.
21 February 2019, 08:16 PM
Piano*Dad
.. or that someone erred.

And I'll let the courts test whether the statute is an accurate interpretation of the Constitution.
21 February 2019, 09:10 PM
Cindysphinx
quote:
Originally posted by Piano*Dad:
.. or that someone erred.

And I'll let the courts test whether the statute is an accurate interpretation of the Constitution.


. . . . Or that she misrepresented herself on her passport application.

I guess she could argue that if the government erred and issued her a passport despite her not being a citizen, that is a concession.

Good luck with that . . .
21 February 2019, 09:12 PM
Cindysphinx
Birthright citizenship is not absolute.

The Fourteenth Amendment stating "[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

There may be a question about whether diplomats and their children aren't subject to the jurisdiction of the U.S.