Also known as: high-treason · treason
Written by attorneys · grounded in primary & secondary sources — see below
An offense against the state consisting only of levying war against it or adhering to its enemies by giving them aid and comfort. Conviction requires testimony of two witnesses to the same overt act or a confession in open court.
Hassan Hakim is indicted in State A for levying war against the United States. After indictment he flees to State B. The governor of State A demands his return under the extradition clause. State B must deliver Hakim to State A for trial on the high treason charge.
President Hilda Hernandez is accused of levying war against the United States by directing federal forces to attack domestic opponents. The House impeaches her for high treason. The Senate convicts and removes her from office under the constitutional standard.
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Hiroshi Hasegawa is charged with high treason in State C after he organized an armed uprising. He flees to State D. State D refuses to honor the extradition demand. The federal courts may intervene to enforce the constitutional extradition obligation.
Hazel Hoffman is prosecuted under a new statute that broadens the definition of high treason after her alleged acts occurred. She argues the law violates the ex post facto clause. The court dismisses the prosecution because the Constitution forbids retroactive expansion of treason liability.
Hyun Han is charged with high treason for providing aid to foreign enemies. The government introduces recordings of his phone calls obtained without a warrant. The court suppresses the evidence because the Fourth Amendment protects against unreasonable searches even in national security prosecutions.
Helix Biotech obtains classified documents showing government officials committed high treason by aiding an enemy. The company publishes the documents. The government seeks an injunction. The court denies the injunction because prior restraint on publication of truthful information about official misconduct is unconstitutional.
High treason consists only of levying war against the United States or adhering to its enemies by giving them aid and comfort. No other conduct qualifies. Conviction requires two witnesses to the same overt act or a confession in open court.
Yes. Article II Section 4 provides that the President shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. High treason is expressly listed as an impeachable offense.
Yes. Article IV Section 2 requires a state to deliver up a person charged with treason who flees to another state upon demand of the executive authority of the state from which the person fled. The clause expressly includes treason among the offenses triggering extradition.
Yes. Black's Law Dictionary states that high treason is an alternative term for treason, defined as the offense of attempting to overthrow the government by making war against the state or materially supporting its enemies.
…occurred in the great political trials of the 16th and 17th centuries. One such was the 1603 trial of Sir Walter Raleigh for treason. Lord Cobham, Raleigh's alleged accomplice, had implicated him in an examination before the Privy Council and in a letter. At Raleigh's trial, these were read to the jury. Raleigh argued…