Former President Donald Trump’s second impeachment trial is set to begin next week, and senators will be asked to decide whether or not he committed “incitement to insurrection.” While Trump has previously been accused by various commenters of “treason” on multiple fronts, in uses of the term usually dismissed by experts, the charge of treason has been largely absent from the debate around the Capitol attack. But in a recent piece of The New Yorker., Harvard University law professor Jeannie Suk Gersen, discussing Trump’s impeachment and the events of Jan. 6, argued that the term may be more apt than ever.
Gerson cited the work of Carlton F. W. Larson, a law professor at the University of California at Davis, who has argued that there are many unethical acts and impeachable offenses that don’t qualify as treason. Certain corners have frequently accused Trump of “treason” in the Russia investigation, the Ukraine impeachment, and other matters, but Larson has been reticent to apply that label as a technical, legal, and historical matter.
Gersen wrote: “But the insurrection of Jan. 6 changed his answer, at least with regard to Trump’s followers who attacked the Capitol in an attempt to stop Congress’ certification of the election.” Continue reading.