How so? I'm pretty sure it's treason.
Treason was specifically defined in the United States Constitution, the only crime so defined. Article III Section 3 delineates treason as follows:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
However, Congress has, at times, passed statutes creating related offenses that undermine the government or the national security, such as sedition in the 1798 Alien and Sedition Acts, or espionage and sedition in the 1917 Espionage Act, which do not require the testimony of two witnesses and have a much broader definition than Article Three treason. For example, some well-known spies have been convicted of espionage rather than treason.”
To rise to the level of treason, one must look to the definition as stated in our Constitution. The bolded part above makes it very difficult for a conviction. Two
witnesses or a confession.
List of people convicted of treason in the United States of America:
Philip Vigol and John Mitchell, convicted of treason and sentenced to hanging;
pardoned by George Washington; see Whiskey Rebellion.
Governor Thomas Dorr 1844, convicted of treason against the state of Rhode Island; see Dorr Rebellion; released in 1845; civil rights restored in 1851;
verdict annulled in 1854. John Brown, convicted of treason against the Commonwealth of Virginia in 1859 and executed for attempting to organize armed resistance to slavery.
Aaron Dwight Stevens, took part in John Brown's raid and was
executed for treason against Virginia.
William Bruce Mumford 1862 convicted of treason and
hanged for tearing down a United States flag during the American Civil War.
Mary Surratt, Lewis Powell, David Herold, and George Atzerodt in 1865
hanged for treason and conspiracy for the Lincoln assassination and conspiracy - by military tribunal.
Iva Toguri D'Aquino, who is frequently identified with "Tokyo Rose" convicted 1949. Subsequently
pardoned by President Gerald Ford.
Herbert Hans Haupt German-born naturalized U.S. citizen, in 1942 was convicted of treason and
executed for giving aid and comfort to the enemy (his son) and for espionage.
Martin James Monti, United States Army Air Force pilot, convicted of treason for defecting to the Waffen SS in 1944l; sentenced to 25 years.
Robert Henry Best, convicted of treason on April 16, 1948 and
served a life sentence.
Mildred Gillars, "Axis Sally," convicted of treason on March 8, 1949,
served 12 years of a 10- to 30-year prison sentence.
Tomoya Kawakita, sentenced to death for treason in 1952,
but eventually released by President John F. Kennedy to be deported to Japan.
List of people convicted of treason - Wikipedia, the free encyclopedia
Only seven people have been executed for treason against the United States. All tolled, only fourteen were ever
charged with treason. The bar is waaaay high. Espionage, not so much.