I'll just leave this here for discussion: Misprision of treason

[NeoGreen]

https://en.wikipedia.org/wiki/Misprision_of_treason

Misprision of treason
is an offense found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it[1] to a proper authority.

(snip)

In the United States, misprision of treason is a federal offense, committed where someone who has knowledge of the commission of any treason against the United States, conceals such knowledge and does not inform the President, a federal judge, a State Governor, or a State judge (18 U.S.C. § 2382). It is punishable by a fine and up to seven years in federal prison. It is also a crime punishable under the criminal laws of many states.

[MineralMan]

1. You raise a good point, but there's a problem.

Treason is very narrowly defined in the Constitution. It's the rare case where a specific crime is even mentioned in that document. The strict, narrow definition often gets in the way when people start talking about treason. That's especially true when it comes to constitutional officers in the Federal Government.

In reality, except in wartime, it's very hard to pin the crime of treason on anyone, due to the definition and the use of the word "enemies" in that definition.

Misprision of Treason still has to involve treason, by that constitutional definition. It's a very, very difficult crime to prove. That's why you don't see cases of people being charged officially with treason.

[TwilightZone]

2. Correct.

Considering that the Rosenbergs couldn't be tried for treason because the Cold War wasn't an actual declared war with "hostilities", it almost assuredly doesn't apply now.

As you noted, "enemies" is the issue. It means a declared enemy involved in an active war. Just because we think Russia is an enemy (an assertion that I agree with) doesn't mean that treason applies.

"According to 50 USCS § 2204 [Title 50. War and National Defense; Chapter 39. Spoils of War], enemy of the United States means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States;"

https://definitions.uslegal.com/e/enemy-of-the-united-states/

[MineralMan]

3. Even under that expanded definition of "Enemy," Russia is not

such an enemy. An adversary, perhaps, in many ways, but not an "enemy."

It is notable that Treason is really the only crime mentioned in the Constitution. I understand why it is mentioned and defined there, but that has created an issue more than once.

[pecosbob]

4. I think a few appropriate words to absorb are malfeasance and misfeasance

We're going to have a lot of cleaning up to do after this shitstorm eventually ends and it becomes of critical importance to prevent another monkey-wrench gang from descending on our federal regulatory agencies as these carpet-baggers have done.