GG Co. Investigates · The Dead Letter · the fixed edition

Escape from Treason — the sources

Every card states a verified claim from the GG Co. Investigates segment “The Dead Letter” — treason in America: the crime, the record, and the statutes charged instead. Each claim is tiered to primary or reputable secondary sources, listed on the sources page.

The word is what people say. The text is the law, or the charge. The record is what happened — and the labels matter: charged is not convicted, indicted is not tried, federal is not state, treason is not the Espionage Act, executed is not commuted is not pardoned.

Act IThe Cage

What treason is, and everything it isn’t.

01
The clause — the object plate on the card

The clause

THE WORD
Every crime is defined by statute.
THE TEXT
THE CONSTITUTION ITSELF
THE RECORD
Only one crime is in the text.

1 crime the Constitution defines by name

Every other federal crime is defined by statute; treason is defined in Article III, §3.

Verified claim TR-A1 T1 — the number is read from the claim's own words: the only crime the Constitution itself defines

02
Two acts — the object plate on the card

Two acts

THE WORD
Treason is betrayal.
THE TEXT
“ONLY” — IT IS IN THE TEXT
THE RECORD
Two acts, and nothing else.

2 acts: levying war, or adhering to enemies, giving them aid and comfort

Codified at 18 U.S.C. §2381. The word “only” is in the Constitution.

Verified claim TR-A2 T1 — the number is read from the claim's own words: Two branches; the word "only" is in the text

03
Two witnesses — the object plate on the card

Two witnesses

THE WORD
Prove it like any crime.
THE TEXT
TWO WITNESSES TO THE SAME OVERT ACT
THE RECORD
The standard of proof is constitutional.

2 witnesses to the same overt act, or confession in open court

The only crime whose evidentiary standard is written into the Constitution. It governs conviction, not charging.

Verified claim TR-A3 T1 — the number is read from the claim's own words: two Witnesses to the same overt Act

04
Enemies — the object plate on the card

Enemies

THE WORD
An adversary is an enemy.
THE TEXT
“ENEMIES” = A NATION AT OPEN WAR
THE RECORD
A critic is not an enemy.

0 critics, opponents or journalists who qualify as “enemies”

A term of art: the forces or government of a foreign nation the United States is in open or declared war with.

Verified claim TR-A5 T1 — the number is read from the claim's own words: A domestic critic, opponent, or journalist is categorically not an "enemy."

05
Burr — the public-domain photograph on the card

Burr

THE WORD
Plotting war is levying war.
THE TEXT
MARSHALL, 1807
THE RECORD
Conspiracy is not enough.

1807 Aaron Burr acquitted; “levying war” narrowed to an actual assemblage

Ex parte Bollman and the Burr trial: an actual assemblage of men for a treasonable purpose — not conspiracy, procuring or advising.

Verified claim TR-A6 T1 · also TR-B1 T1 — the number is read from the claim's own words: Ex parte Bollman, 8 U.S. 75 (1807)

06
The penalty — the object plate on the card

The penalty

THE WORD
Treason means death.
THE TEXT
DEATH, OR FIVE YEARS
THE RECORD
And never hold office again.

≥5 years minimum, a fine of at least $10,000, and permanent disqualification from any U.S. office

Death or at least five years; the disqualification is mandatory and permanent. All of it attaches only at conviction.

Verified claim TR-A4 T1 — the number is read from the claim's own words: death, or ≥5 years imprisonment + ≥$10,000 fine

Act IIThe Record

How few.

07
The rebellions — the object plate on the card

The rebellions

THE WORD
Convicted traitors hang.
THE TEXT
VIGOL, MITCHELL, FRIES — c. 1795–1800
THE RECORD
Every one was pardoned.

3 early treason convictions, each ended by a presidential pardon

Whiskey Rebellion (Washington) and Fries’s Rebellion (Adams, after a retrial). The young republic could convict for treason and chose mercy each time.

Verified claim TR-B2 T1 · also TR-B3 T1 — the number is read from the claim's own words: convicted of treason, then pardoned

08
Jefferson Davis — the public-domain photograph on the card

Jefferson Davis

THE WORD
Rebellion is the textbook case.
THE TEXT
INDICTED, NEVER TRIED
THE RECORD
Amnesty replaced the trial.

Dec. 25, 1868 general amnesty, Proclamation 179

No mass treason prosecutions of Confederates. Davis was indicted; the “Christmas Amnesty” ended it. Indicted is not tried.

Verified claim TR-B4 T1 — the number is read from the claim's own words: amnesty proclamation of Dec. 25, 1868

09
Cramer — the object plate on the card

Cramer

THE WORD
Meeting a saboteur is aid and comfort.
THE TEXT
CRAMER v. UNITED STATES, 1945
THE RECORD
Reversed.

5–4 Supreme Court reversal; two public meetings were insufficient overt acts

The first treason conviction the Court ever reviewed. Cramer had been sentenced to 45 years, not death; the sentence fell with the conviction.

Verified claim TR-B5 T1 · also TR-B6 T1 — the number is read from the claim's own words: REVERSED Anthony Cramer's treason conviction 5-4

10
Haupt — the object plate on the card

Haupt

THE WORD
Then nothing is ever enough.
THE TEXT
HAUPT v. UNITED STATES, 1947
THE RECORD
Affirmed.

1947 the first Supreme-Court-sustained treason conviction; affirmed 8–1

Sheltering, financing a car for, and helping employ his saboteur son were sufficient overt acts. Life plus $10,000.

Verified claim TR-B7 T1 — the number is read from the claim's own words: Haupt v. United States, 330 U.S. 631 (1947)

11
The broadcasters — the public-domain photograph on the card

The broadcasters

THE WORD
Propaganda is treason.
THE TEXT
SIX CIVILIANS CONVICTED, 1947–49
THE RECORD
Convicted, commuted, pardoned — not the same.

6 Americans convicted for Axis broadcasting; one commuted (1963), one pardoned (1977)

Chandler, Best, Gillars, Toguri, Monti, Burgman. Provoo’s 1952 conviction was overturned on appeal. Label each outcome.

Verified claim TR-B8 T2 — the number is read from the claim's own words: six American civilians convicted of treason for wartime Axis broadcasting

12
1952 — the object plate on the card

1952

THE WORD
Treason trials are routine.
THE TEXT
KAWAKITA v. UNITED STATES
THE RECORD
The last sustained conviction.

1952 last treason conviction that stood; affirmed 4–3

Death commuted to life (1953); released and deported (1963). Last sustained — Provoo’s was overturned, so never a bare “last ever.”

Verified claim TR-B9 T1/T2 — the number is read from the claim's own words: June 2, 1952

13
The count — the object plate on the card

The count

THE WORD
Exactly thirty prosecutions.
THE TEXT
NO CANONICAL COUNT
THE RECORD
Sources disagree; nobody executed.

<40 prosecutions in 230+ years, by conflicting reference tallies; convictions in the low dozens

“Exactly 30” traces to no primary source. No one has ever been executed under a valid federal Article III treason conviction.

Verified claim TR-B10 T2 · also TR-B11 T1/T2 — the number is read from the claim's own words: fewer than 40 prosecutions

14
Gadahn — the object plate on the card

Gadahn

THE WORD
Somebody still gets charged.
THE TEXT
INDICTED OCT. 11, 2006
THE RECORD
Never apprehended, never tried.

2006 the only U.S. treason charge since the WWII era; killed in a January 2015 strike

Charged is not convicted. The federal treason docket has been empty since.

Verified claim TR-B12 T1/T2 — the number is read from the claim's own words: indicted for treason Oct. 11, 2006

Act IIIWhere the Crime Went

The behavior didn’t disappear. It moved.

15
The Rosenbergs — the public-domain photograph on the card

The Rosenbergs

THE WORD
The Rosenbergs were traitors.
THE TEXT
ESPIONAGE ACT, 18 U.S.C. §794
THE RECORD
Not treason — the USSR was an ally.

1953 executed June 19, for conspiracy to commit espionage, not treason

The Second Circuit held espionage needs no “enemy” element. The charge also bypassed the two-witness safeguard.

Verified claim TR-D1 T1 — the number is read from the claim's own words: executed June 19, 1953

16
Manning — the object plate on the card

Manning

THE WORD
Leaking is aiding the enemy.
THE TEXT
ESPIONAGE ACT, §793
THE RECORD
Acquitted of aiding the enemy.

35 years, July 30, 2013; commuted January 2017

Convicted under the Espionage Act; acquitted of “aiding the enemy” (UCMJ Art. 104); not charged with treason.

Verified claim TR-D2 T1 — the number is read from the claim's own words: sentenced 35 yrs

17
Snowden — the object plate on the card

Snowden

THE WORD
That one’s treason.
THE TEXT
ESPIONAGE ACT, §793(d), §798
THE RECORD
Charged, never tried.

June 14, 2013 Espionage Act charges plus theft (§641); not treason

Never tried; Russian citizenship granted Sept. 26, 2022. Charged is not convicted.

Verified claim TR-D3 T1 — the number is read from the claim's own words: charged June 14, 2013 under the Espionage Act

18
January 6 — the object plate on the card

January 6

THE WORD
Storming the Capitol is treason.
THE TEXT
SEDITIOUS CONSPIRACY, §2384
THE RECORD
No one was charged with treason.

18 defendants charged with seditious conspiracy; 10 convicted at trial, 4 pleaded, 4 acquitted of that count

§2384 needs no levying war, no enemies, no two witnesses. The two group leaders drew 18 and 22 years.

Verified claim TR-D4 T1/T2 — the number is read from the claim's own words: The DOJ charged 18 Jan-6 defendants with seditious conspiracy

19
Material support — the object plate on the card

Material support

THE WORD
Treason or nothing.
THE TEXT
MATERIAL SUPPORT, §2339A/B
THE RECORD
The second count on the last treason indictment.

2 counts on the 2006 superseding indictment: treason, plus material support

The substitute rides beside the original on the one modern treason charge.

Verified claim TR-D6 T2 · also TR-B12 T1/T2 — the number is read from the claim's own words: material support for terrorism (18 U.S.C. §2339A/B — Gadahn's second count)

20
The military — the object plate on the card

The military

THE WORD
A soldier who defects commits treason.
THE TEXT
“AIDING THE ENEMY,” UCMJ ART. 104
THE RECORD
Treason isn’t a UCMJ offense.

1955 U.S. v. Batchelor: a repatriated POW charged under Arts. 104/105/134, not treason

Death-eligible; applies to “any person.” Disloyalty in uniform is charged here.

Verified claim TR-C7 T2 · also TR-C6 T1 — the number is read from the claim's own words: United States v. Batchelor (Army Board of Review, 1955)

21
Misprision — the object plate on the card

Misprision

THE WORD
Covering for a traitor is treason too.
THE TEXT
MISPRISION OF TREASON, §2382
THE RECORD
Its own crime, on the books.

§2382 failing to report known treason to the authorities

One statute in the ecosystem the crime’s conduct was relocated into. A line of the code, not a verdict on anyone.

Verified claim TR-D6 T2 — the number is read from the claim's own words: misprision of treason (18 U.S.C. §2382 — failing to report known treason)

22
John Brown — the public-domain photograph on the card

John Brown

THE WORD
The famous hanging was federal.
THE TEXT
TREASON AGAINST VIRGINIA
THE RECORD
A state case, start to finish.

Dec. 2, 1859 hanged after a five-day state trial; seven raiders in all

The most famous treason execution in American history was a state prosecution. Federal, state and military are three dockets.

Verified claim TR-C3 T1 — the number is read from the claim's own words: hanged Dec. 2, 1859

23
The word — the object plate on the card

The word

THE WORD
Criticism is treason.
THE TEXT
FIRST AMENDMENT; NEITHER PRONG
THE RECORD
There is nothing to open.

0 legal consequences of calling a critic’s work “treason”

Press criticism and dissent fall outside both prongs; a domestic critic is not an “enemy.” Presidents have hurled the word for two centuries with the same result.

Verified claim TR-E1 T1/T2 — the number is read from the claim's own words: carries no legal consequence

The registerSources

Tiers: T1 primary / official / court / statute · T2 reputable secondary, academic, or major encyclopedia · T3 single-secondary / press. This names sources; it does not host them.

Constitutional text & doctrine (T1) — Article III §3 and 18 U.S.C. §2381; the Constitution Annotated Treason Clause doctrine & the Burr Trial essay; FindLaw's Art. III annotation 18 u.s.c. §2381 · conan: treason doctrine · conan: the burr trial · findlaw: art. iii treason
The case law (T1) — the Supreme Court treason decisions and the jurisdiction cases cramer, 325 u.s. 1 (1945) · haupt, 330 u.s. 631 (1947) · kawakita, 343 u.s. 717 (1952) · luther v. borden, 48 u.s. 1 (1849) · crs rl32458 (milligan/quirin)
The record & the substitutes (T1/T2) — the DOJ Gadahn indictment; the WWII broadcaster case records; the espionage and seditious-conspiracy cases doj: gadahn indictment (2006) · ebsco: treason (census) · fjc: rosenberg trial · wapo: manning verdict · cbs: snowden charges · 18 u.s.c. §2384
Jurisdiction & the military analog (T1) — the John Brown state case; the UCMJ aiding-the-enemy article nps: john brown's raid · 10 u.s.c. §904 (ucmj art. 104)
The comparison abroad (T1/T2) — the UK statute and cases; the Russia monitors; the German case uk treason act 1351 · joyce v dpp [1946] ac 347 · r v chail — sentencing (2023) · euaa: russia treason · ovd-info: three years · ctc: reichsbürger

Compiled from the verified claim set of “The Dead Letter”, a GG Co. Investigates subject (an independent, adversarially-verified research pass, reconciled into a tiered claim set; contested figures and every “last / first / only” carried a verification panel). This page cites claim ids and quotes only the fragment each number was read from; the full register lives with the segment. It reports the verified legal record; it does not adjudicate any living person or characterise any contemporary act as treason. Only adjudicated, public-record defendants are named. The plate beside each row is the card's face in the game: an object plate drawn for the studio, or a public-domain photograph.