Benedict is identified as a person of interest in a treason case. A government agent posing as an enemy spy invites Benedict to dinner, and they discuss the decline of the United States and whether or not they should “do something about it.” At the conclusion of the dinner, Benedict picks up the tab. Thereafter, Benedict is arrested for treason and refuses to incriminate himself by responding to law enforcement interrogation. It is unlikely that Benedict will be convicted of treason in this case. Benedict paid for the government agent’s dinner, which could constitute providing aid to the enemy. However, Benedict indicated a hesitancy to take further action, which does not satisfy the requirement that he act with the specific intent or purposely to betray the United States. In addition, only the government agent can testify as to Benedict’s act of paying for a meal because Benedict is asserting his right to remain silent. Therefore, the constitutional requirement that two witnesses testify about the overt act charged as treason is not satisfied. The intent element and evidentiary requirement for treason are lacking, so Benedict probably will not be subject to prosecution for and conviction of this offense.
- 1766 reads
