On May 26, 2:35 pm, Bill C <
[email protected]> wrote:
> On May 26, 2:13 pm, Andrew Price <[email protected]> wrote:
> > On Mon, 26 May 2008 07:32:37 -0700 (PDT), Bill C
>
> > <[email protected]> wrote:
> > >> What did Jane Fonda do to be found guilty of treason? Last time I
> > >> checked she had a First Amendment right to protest the war.
>
> > >> If I were you I would go back and re-read the Constitution if you want
> > >> to know why she wasn't prosecuted for "treason."
>
> > >> Thanks,
>
> > >> Magilla
>
> > >Providing material support in the way of propaganda. traveling to the
> > >enemy country and doing publicity for them, etc...Same stuff Tokyo
> > >Rose did.
>
> > I suspect that there was probably a lot more consensus in defining
> > what constituted an "enemy country" during WWII than there was during
> > the Vietnam war.
>
> I think N. Vietnam's status was pretty clear, as was manning a N.
> Vietnamese anti-aircraft gun.
> Bill C
"Manning" is inflammatory, since as you know she
was photographed with it, but wasn't firing it. But forget
that. People talk about Jane Fonda as if she was some
representative of the Kommie Left, but c'mon, she's
an actress who later made exercise videos. She isn't,
and never was, a figure like Dellinger, Hoffmann, or
Hayden. Man up and say _they_ should have been
tried for aid and comfort, etc.
Anyway, I think there is an interesting Con Law question
here. As you know, there was never a declaration of war
during the Vietnam "War." Clearly, the US was fighting
North Vietnam, but officially we were just aiding the
South Vietnamese to defend themselves against their
homegrown VC insurgency. Given that there was no
official war, could Fonda actually have been tried for
treason just for palling around with some country that
we weren't officially at war with? In theory, people can
be tried for treason in peacetime, but usually they are
tried for something like espionage instead (the Walker
family, the Rosenbergs). More recently, even John
Walker Lindh was brought up on conspiracy-to-murder
charges rather than treason.
So yeah, I think there is a difference between Tokyo Rose
and Hanoi Jane. However, if you want to give her the
retroactive death penalty for aerobics, 80s hair and
neon spandex, that seems completely justifiable and I'm
sure 8 of 9 Supreme Court justices would agree. Excepting
Souter, who has a thing for that sort of thing.
Ben