High Treason
by Robert Thompson
It is sometimes hard to forget one's youth,
which can be the source of much nostalgia, happy and painful.
Fifty years ago, I was an Undergraduate at Oxford University,
reading Jurisprudence, and I can still remember much of what I was then
taught.
One item which comes readily to mind in the
present world situation was the definition of High Treason, a
crime which was still until recently in England and Wales
punishable by the death penalty, as also was Arson in a Naval Dockyard
(and for all that I know this may still be true). When the
death penalty was abolished for Murder, the legislators overlooked (in
other words, forgot about) these other capital crimes.
One of the more unusual actions which
constituted High Treason was adultery with the King's Consort, which
offence included the Queen concerned. This was notoriously
applied by the ruthless Henry VIII to dispose of certain of those whom
he had previously claimed to be his wives.
Much more serious in our modern times
remains the giving of "succour to the enemies of the kingdom",
and I have to presume that similar provisions obtain in the U.S.A. with
the substitution of the "United States of America" for the
word "kingdom". I invite any lawyer who might read
this to correct me if I am wrong. This makes me wonder why
two notable persons in the U.S.A. have not been indicted for High
Treason under this heading, since they appear clearly to have committed
this heinous crime.
First, one must examine the declaration by
Mr George W. Bush following the attrocities of 11th September 2001 that
he was going to start a "Crusade" (i.e., by definition, a war
ostensibly to free the Holy Places in Palestine from Muslim rule).
By so doing he anihilated much of the world-wide support and sympathy
which these events had caused. This extraordinary
announcement was exactly what Mr Oussama bin Laden and his fellow
Islamist terrorists had been hoping and praying for. It is
unlikely that they could have believed their luck and have expected such
a massive helping hand in their recruitment of volunteers to carry out
their murderous aims. They must really have thought that
their evil mission was blessed from on high when the most powerful man
in the world confirmed everything that they had claimed against the
"western" world. They had no doubt been spreading
the word around among the impressionable in the Muslim world that they
were threatened by the "West", but they could probably never
have imagined that the President of the U.S.A. would publicly
confirm what they were saying. If that is not giving succour
to the enemies of the U.S.A., I wonder what is. It was a much more
serious offence than merely fighting against our joint allied invasion
of Afghanistan.
Secondly, there have been several
declarations by Mr John Ashcroft in and by which, to the great
puzzlement and annoyance of many leading Muslim scholars and teachers,
he gave his absolute support to the same Mr Oussama bin Laden when
the latter claimed that he was pursuing a jihad against
the powers, especially the U.S.A., which had declared war on the Muslim
world. Mr Ashcroft (like also Mr Bush) must have had (no
doubt highly paid) advisers who could have explained to him in simple
words the difference between a jihad (a struggle) and a harb
(a war). These declarations by Mr Ashcroft were, as had been
the declaration of a "Crusade" by Mr Bush, immediately used by
Mr bin Laden and his like as valuable aids to recruitment.
These statements proved that what these terrorists had claimed was
confirmed by the highest authorities in the U.S.A.
Taking together these specific acts of
treason by these two persons, we can see how they gave massive support
to these Islamist terrorists, by enabling them to "justify"
(in the minds of those under their influence) any action, however evil
in itself, which they might undertake against the "West" and
more specifically against the U.S.A.
These actions have no direct connection with
the decision of the Bush administration to invade Iraq in direct
contradiction with the Nuremberg Principles, and without the backing of
the United Nations. I say this confidently because there has
never been any evidence that Saddam Hussein's Ba'athist regime in Iraq
was willing even to tolerate such Wahabi terrorists on its soil, never
mind give them any support. While he was still in power,
Saddam Hussein was attacked by Mr bin Laden for being a
"godless socialist", and only attracted the latter's support
after Mr Bush's "Crusaders" had invaded what Mr bin Laden
considered to be a Muslim country.
If any lawyer disagrees with the above
analysis, I would ask him or her to explain what form of defence is open
in law in the U.S.A. to Mr Bush and Mr Ashcroft since they have
committed such terrible acts against the interests of their own country,
and, of course, against the world at large. Before I retired
in December 2000, I spent many years defending persons accused of
serious criminal offences in Courts at all levels, but I find it
impossible even to imagine the slightest grounds for pleas in mitigation
in the cases of these two persons.
Robert Thompson (email: Robert.Thompson (at) wanadoo.fr) is a retired defense attorney, former member of the military, born in the UK, living in a town of 120 in northern France. He also writes his Blog, Thoughts from France for OpEdNews.com