”Treason” “Actions of Individuals and Companies But a Forgotten Law of Our Country on How to Deal with It.”
“Actions of Individuals and Companies
Forgotten Law of Our Country on How to Deal with It.”
Published – ©2014 Research Solutions, Inc. (all rights reserved)
Note: The subject of “Treason” is one rarely written about, and is governed by the United States Code of this Country; however we are addressing it because of current events that have taken place with manufacturers and individuals who have “crossed the line”, yet the reporting of them is back page news.
It is a subject we find important enough to address –
We constantly read about individuals and companies that “sell” prohibited or illegal information, technology and components (e.g. parts to whole items) to foreign countries (both friendly and hostile) that is “clearly prohibited” or considered “sensitive information” that is critical to the security, protection and safety of our country that is “classified”.
We have two (2), very basic “initial” documents that exist for individuals and companies that work with, produce, manufacture, research and develop information and technology that are a requirement to be not only “signed”, but “enforced to the letter”.
They are “not” just a pieces of paper. If it is treated as such, the consequences can be more than severe. A company or individual (including, but not limited to the employees of a company, their family or friends) can be indicted and arrested for one of the most serious crimes against the United States, that being TREASON.
The two types of initial documents? That is a simple answer, but a major issue:
- Confidentiality non-disclosure Agreement
- A Security Agreement with the Department of Defense (e.g. Homeland Security, and/or other agencies) which include, but is not limited to agreements with manufacturers, designers, researchers and the like that specifically establish guidelines, to be followed to the letter, of what information and technology is considered classified and cannot be conveyed, in any manner, to any other party, company, individual or country without the written authorization from the United States governing agency that protects such information and technology.It is simple, clear and a requirement of employment or service.
- There is a third, but that is a matter of a security clearance that allows access to specific levels and tiers of information, which will not be addressed in this Article.
Yes, we are addressing just two types of documents which are critical to the safety and protection of this country.
There are those who respect it and will follow those rules and regulations not out of fear, but respect and obligation of what they represent.
Then there are those who “rationalize” a way to get around it (rationalization is giving a good plausible reason for something that ISN’T true).
Why? For MONEY.
Money does NOT exempt or justify the act of TREASON.
If any other reason is given “why” a company or individual would totally disregard those two, critical documents, then it would clearly be a case of intentionally acting, with no regret, to damage or put at risk, this country. Again, it is TREASON.
It is saddening how many people I have crossed paths with who truly don’t know what the word, or laws pertaining to TREASON are.
They are simple, clear and concise:
18 U.S. Code § 2381 – Treason – Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of Treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
“Treason – The crime of betraying one’s country, defined in Article III, section 3 of the U. S. Constitution: “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.
Treason requires overt acts and includes the giving of government security secrets to other countries, even if friendly, when the information could harm American security. Treason can include revealing to an antagonistic country secrets such as the design of a bomber being built by a private company for the Defense Department.
Treason may include “espionage” (spying for a foreign power or doing damage to the operation of the government and its agencies, particularly involved in security) but is separate and worse than “sedition” which involves a conspiracy to upset the operation of the government.” -(credit kindly given to Farlex®)
We constantly hear about companies and individuals who were/are actively involved with the turning-over of various secrets and sensitive information (including technology information) which is, without question, crucial to the protection and safety of this country. Yet, rarely do we ever hear or see the Treason Act/Laws put into action. It is almost as though it is an accepted practice.
Of course, with Treason, the action performed would be considered “Espionage”, which again, we rarely hear about.
Just so there is no misunderstanding, the definition of Espionage is pretty clear:
“Espionage – The act of securing information of a military or political nature that a competing nation holds secret. It can involve the analysis of diplomatic reports, publications, statistics, and broadcasts, as well as spying, a clandestine activity carried out by an individual or individuals working under secret identity to gather classified information on behalf of another entity or nation.
Espionage, commonly known as spying, is the practice of secretly gathering information about a foreign government or a competing industry, with the purpose of placing one’s own government or corporation at some strategic or financial advantage.
Federal law prohibits espionage when it jeopardizes the national defense or benefits a foreign nation (18 U.S.C.A. § 793). Criminal espionage involves betraying U.S. government secrets to other nations.” – (credit kindly given to Farlex®).
What we think is most Treasonous acts are those of spies, but in most cases, it is individuals who are not being blackmailed, not having their families threatened, and, in their own minds, not loyal to the country or countries they are delivering the secret information to.
It is a matter, in almost ALL cases, of MONEY.
The majority of cases of what would be considered “espionage”, but without alligence to a foreign country, is nothing less than greed.
The rest of the cases are truly spying, or intentional espionage for the purposes of gaining information and technology for their own country.
Obviously, spying under government agencies is a given, and been going on since the time countries existed or people as that matters.
However, the issue of the current rash of those, like Snowden and many others had a specific obligation, “regardless” of what they felt was allegedly right or wrong.
So, the message sent to the public is the signing of such documents to protect this country means nothing?
So, a person that commits Treason, by the letter of the law, as written, is not held accountable – regardless of how minor or major the espionage (let’s call it what it is) was?
The preverbal phrase there was a “little hole in the dam” or “she was a little bit pregnant” is supposed to apply then?
The present remedies that have been applied to companies and individuals regarding Treasonous acts has been as effective as “Giving a starving dog a rubber bone.”
In the case of aircraft parts that were listed under the embargo against Iran that could NOT be exported to them in any manner, were found in a freighter.
Point of origin?
The United States.
Yes, the company was placed on trial and found guilty of multiple counts/violations of law and severely “fined.” The parts were to be destroyed.
Within four (4) months, another freighter was intercepted with a number of the “EXACT” same parts as well as new ones equaling the number originally found the firs time. Not different parts, but these actually had the “exhibit identification tags” (used in trial) and the impounding stickers still on them. Point of origin? The United States.
This case opens a horrific door of corruption that goes much further than just the manufacturer or broker in parts. (United States vs. Pendlauton (corporation, foreign), et al.).
Can corruption be Treason?
Regardless of party lines, Democrats, Republicans, Independents and such, there would not be a “single” one that would endorse Treason. How many of you know the oath of office for a Congressman or Senator?
Let’s examine one of them:
“The form of the oath has changed several times since that first act of Congress. During the Civil War, Congress mandated that the oath bar from office anyone who had been disloyal to the Union.
Eventually, those elements of the “iron-clad” oath were dropped during revisions in 1868, 1871, and 1884.
The oath used today has not changed since 1966 and is prescribed in Title 5, Section 3331 of the United States Code. It reads:
“I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” In contrast to the presidential oath, where it’s used only by tradition, the phrase “so help me God” has been part of the official oath of office for non-presidential offices since 1862.” (Credit given to the United States History Archives).
I wanted there to be no misunderstanding that oaths of office clearly identify the ultimate responsibility of protecting our nation. The phrase “that I will bear true faith and allegiance to the same” is as critical as those “pieces of paper” that were previously referenced.
The point being made is that this is not an issue of right or wrong.
It is an obligation to DO what is right, not wrong.
It is not a conservative position.
It is not a moderate position.
It is not a liberal position.
It is an “obligation” to all citizens.
We are still arguing about the Snowden matter. Those who say what he did was right and those who want to lynch him. But take a few steps back and, again, ask the most important questions:
“At any time did this man ever attempt to follow the protocols that he AGREED TO, to attempt to identify the alleged wrongs; and/or
At any time did this man ever attempt to follow the chain-of-command that he AGREED TO, to attempt to identify the alleged wrongs?”
This is not the only example of just “one” individual that I am using as an example. It is one that is very well-known and heavily covered in the media.
However, we will never know the “real” damage done.
Along with the “alleged” wrongs that Snowden disclosed, how much information that was classified that had “nothing to do” with his “other” claims was also disclosed?
We will never know.
We cannot believe that the public would be that ignorant of the fact this country produces military aircraft, arms, ammunition, and a plethora of weapons along with massive amounts of technology research and development. We have millions employed in such manufacturing, as do other countries.
We have many who are in intelligence, both domestic and international, as do other countries.
All are responsible for the security and protection of the information and technology they are working with, producing or designing.
When looking a Threats (which is one of our companies’ “key” disciplines), how many attempts of terrorism have been thwarted successfully? No one will ever know, but we can say, without question, that it is a relentless task and duty of those in Homeland Security as well as the intelligence agencies that are within the United States as well as our allies.
The “compromising” of the methodologies, those involved, the procedures, the monitoring process would do nothing less than allow such attempts a higher percentage of success. Is this what the public wants?
How would another 9/11 sit with the American Public?
How about another Lebanon American Embassy Bombing?
Only when the “horror” of a successful terrorist act is where we, the public “react”.
But when it comes to “proactive” steps to be taken to prevent such acts, we, the public, immediately recoil to the methodology used. The policies taken.
That is nothing less than a dangerous paradox.
Granted, the United States Central Intelligence Agency (CIA) has countless acts of Treason and espionage that they have dealt with, uncovered and have to deal with presently.
Many of these cases can never be addressed publically due to National Security, issues of risking disclosure of operatives and procedures taken. Without question, these should be protected under the National Security Act.
Have our agencies ever acted, taken actions or violated protocols, laws and procedures.
However, it is the companies and individuals that become “publically known” that have clearly violated the laws that specifically identify, clearly identify Treason, go un-checked.
They are treated as a “theft”, or in Snowden’s case, a “Whistle Blower”.
Right or Wrong.
Yes, there is a razorblade the divides right and wrong.
However you can’t walk on it.
Our intelligence and monitoring system, which in my opinion and my other associates, we all believe it is the best system in the world.
Can it be better?
Can it be more “Proactive”?
Can the protocols be more effective and the chain-of-command be functionally better?
Does it happen overnight?
It takes years to develop intelligence agencies which constantly have to adapt to the political changes that are now “fluid”, more than ever, throughout the world.
Granted, there are those who operate within our system improperly.
They break the laws.
They abuse the laws.
It exists in ALL agencies, companies and institutions, just as it does in every country; however those pieces of paper, those documents that are signed by us, or the oaths we take, who work within the government agencies, military, institutions and companies which have a very special roll in security and the protection of this country, also have a “chain of command”.
It is very specific.
If there is an issue of an illegal activity that is taking place in an agency, there is a “chain of command” that is followed to properly disclose it, isolate it and mitigate it properly and legally.
Not by running to Russia as Snowden did and “mouthing” off about everything like a cheap Tabloid reporting on “any” kind of gossip each week.
Regardless of his allegations, Snowden never ONCE followed the chain-of-command, specifically addressing “any” of the issues which he has made so very public, and at what cost? How many have been compromised because of his total disregard of “what” he signed? To someone like him, it was just a piece of paper.
To the rest of us, that/those piece(s) of paper are NOT just words.
They are a foundation that we agree to follow and uphold.
No one promised that you would agree with everything you will do, and what you will see.
There is no perfect world.
The objective is using best, reasonable effort (BRE) and that includes following protocols that have been put into place and DO exist to deal with abuses.
It seems that with a number of whistle-blowers that they took the short-cut, at the expense of MANY innocent lives, to disclose what they saw, didn’t like, or otherwise was wrong BEFORE following ANY protocols that existed.
Please do not tell us that there are no protocols in place, or a chain-of-command that exists.
Our agencies, no matter how many exist, have them.
Our Congress and Senate have oversight committees and special committees that deal with issues of irregularities and improper actions / behavior.
We focus on a single issue, where we have a population of nearing 900 million in this country alone.
We are involved with countries which are in the Billions.
Obviously there will be abuses.
No one can or will deny it.
It is the same as when we address Threats and Frauds.
It is not “IF” they happen, but “WHEN” they happen.
The REAL re-assessing that needs to be done is to re-examine the entire purpose of what security is all about.
What confidentiality really means
What non-disclosure really means
Instead of “thrashing” all the alleged wrongs of how we handle issues of Threats, Security and Confidentiality, we need to understand their importance first.
If we disregard such stopgaps, such protections, then why not disregard patents, copyrights, contracts and any other “legal” document that forms an obligation?
The result would be absolute chaos, without question.
We have no doubt this Article will raise some feathers, but all we hear about is the “other” side’s versions.
There are a minimum of TWO sides to every issue.
That is what we are taught and it makes sense.
It is our belief, that Treason clearly identifies ONE issue.
There are TWO sides to why it takes place, but BOTH are wrong.
Does that mean we put anyone to death for Treason?
I think we need to identify the nature of the damage done or planned to be done before passing the death sentence on a person that commits Treason.
Should they receive a mandatory sentence of life, at a minimum, rather than, or including a short sentence and/or fine?
In our opinion, the MINIMUM sentence for Treason should be life without parole.
As far as the death sentence, that would be contingent upon the nature of Treason and the degree it compromised National Security or compromised “any” personnel, inside or outside of the United Stated. Again, that is OUR opinion.
If it was another plan for another 9/11, I think the public would most like desire a public stoning.
But is it that different when the plans for a specific military aircraft, or technology is stolen or publically disclosed? Or when our intelligence system is compromised by someone who was in a position of high-security resulting in the deaths of personnel overseas, or in this country?
It is as though no one wants to use the word Treason as it was originally designed to be used for and understood as.
We only ask for you, the readers, to re-evaluate your understanding of what Treason really is and the ramifications are when it takes place.
Drawing your own conclusions shouldn’t be hard to do. It is a matter of common sense and how you view your country, the United States. For those who are not citizens, the same analysis could be done for how you view these issues in your own country (if you are allowed to, of it such laws exist…).
As always, a pleasure.
Research Solutions, Inc.