Romney stirs ugly treason talk
by Byron York, Chief Political Correspondent at Washington Examiner:
March 16, 2022
ROMNEY STIRS UGLY TREASON TALK. It’s one thing for the usual suspects in over-the-top commentary — the Keith Olbermanns, the cast of The View, the Lincoln Project, and others — to call their fellow Americans traitors. They’re not known for thoughtful, measured opinion. But it’s quite a different thing for a senator and former presidential candidate, known for his careful approach to politics, to throw around accusations of treason. And yet that is exactly what Republican Sen. Mitt Romney has done in his attack on former Democratic Rep. Tulsi Gabbard. And the fact that a man of Romney’s position and influence is engaging in such rhetoric will surely give others the belief that they have license to do it, too.
Romney started two weeks ago, with an appearance on CNN. Host Dana Bash brought up two GOP representatives, Marjorie Taylor Greene and Paul Gosar, and asked about “the pro-Putin sentiment that you are seeing from some corners of your party.” In response, Romney questioned “how anybody in this country, which loves freedom, can side with Vladimir Putin, who is an oppressor, a dictator — he kills people.”
“It’s almost treasonous,” Romney continued. A moment later, Bash responded, “‘Treasonous’ is a big word, so I just have to quickly follow up. Would that include the former president?” Romney hedged. “Well, I said it’s nearly treasonous,” he answered.
On Sunday, Romney did away with the “almost” and the “nearly” in a tweet about Gabbard. “Tulsi Gabbard is parroting false Russian propaganda,” he wrote. “Her treasonous lies may well cost lives.”
Romney was apparently responding to a video posted by Gabbard in which she said the following:
Here are the undeniable facts. There are 25 to 30 U.S.-funded biolabs in Ukraine. According to the U.S. government, these biolabs are conducting research on dangerous pathogens. Ukraine is in an active war zone, with widespread bombing, artillery, and shelling. And these facilities, even in the best of circumstances, could easily be compromised and release these deadly pathogens. Like COVID, these pathogens know no borders. If they are inadvertently or purposely breached or compromised, they will quickly spread all throughout Europe, the United States, and the world, causing untold suffering and death. So in order to protect the American people, the people of Europe, the people around the world, these labs need to shut down immediately, and the pathogens that they hold need to be destroyed. And instead of trying to cover this up, the Biden-Harris administration needs to work with Russia, Ukraine, NATO, the U.N., to immediately implement a ceasefire for all military action in the vicinity of these labs until they are secured and these pathogens are destroyed. Now in addition to all this, the U.S. funds around 300 biolabs labs around the world, [which] are engaging in dangerous research, including gain of function, similar to the lab in Wuhan where COVID-19 may have originated from. After realizing how dangerous and vulnerable these labs are, they should have all been shut down two years ago. But they haven’t. Now, this is not a partisan political issue. The administration and Congress need to act now for the health and well-being of every American and every person on this planet.
Romney said Gabbard’s statement was “false Russian propaganda” that “may well cost lives.” Gabbard’s words, he concluded, were so serious in nature that they were “treasonous.”
Romney was reacting to reports that Russia has been trying to spread the false story that Ukraine was developing biological weapons for an attack on Russia. Several fact checks noted that while Ukraine had bioweapons laboratories years ago during the Soviet era, it no longer has any facilities developing weapons. The biological-attack-on-Russia story is false.
But that is not what Gabbard said. She said that there are U.S.-funded biolabs, not bioweapons labs, and that some of them are conducting research on “dangerous pathogens.” As an example of “dangerous pathogens,” Gabbard mentioned COVID-19. There has been extensive confirmation that the U.S. has, indeed, funded biological research in Ukraine, as it has in other countries.
Gabbard made the reasonable point that there are a lot of munitions flying around in the Ukraine war, including rockets, bombs, tank rounds, and firearms, and it would be a good thing to protect Ukraine’s biolabs from damage. To do that, she recommended that the labs be “shut down immediately” and, if that is not quickly done, that the various countries and international organizations involved should “immediately implement a ceasefire for all military action in the vicinity of these labs.”
That is what Gabbard said, and it is what set Romney and others off. Why did it set them off? Suppose, for purposes of argument, that Gabbard has malign motives and that she is really trying to suggest, without saying so, that Ukraine is working on biological weapons — in other words, that she is spreading the story Russia wants spread. Assume the worst. And then ask: Is that treason?
The answer is no, it is not. Treason is actually defined in the Constitution. This is it:
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 over Act, or on Confession in open Court.
It’s a pretty clear definition. But just to add context, look at this, from scholars Paul Crane and Deborah Pearlstein at the National Constitution Center:
Treason is a unique offense in our constitutional order — the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States. While the Constitution’s Framers shared the centuries-old view that all citizens owed a duty of loyalty to their home nation, they included the Treason Clause not so much to underscore the seriousness of such a betrayal, but to guard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition. Debate surrounding the Clause at the Constitutional Convention thus focused on ways to narrowly define the offense, and to protect against false or flimsy prosecutions.
Now ask yourself: Did Tulsi Gabbard, in the paragraph quoted earlier, commit treason? Of course not. The only question is why Mitt Romney, a Harvard-trained lawyer, would say she did. In the absence of a clear and detailed explanation from Romney, perhaps it will suffice to say that he simply lost his head in the midst of a superheated discussion over Ukraine. It can happen. Perhaps the same can be said of Republican Rep. Adam Kinzinger, who tweeted that Gabbard’s statement was “Actual Russian propaganda. Traitorous.”
After Romney and Kinzinger came a parade of lesser lights ready to accuse Gabbard of betraying her country. On The View, political talking head Ana Navarro said, “I think [the Department of Justice] … should look into people who are Russian propagandists and shilling for Putin. If you are a foreign asset to a dictator, it should be investigated.” Host Whoopi Goldberg said, succinctly, “They used to arrest people for doing stuff like this.”
Former TV talker Keith Olbermann picked up the topic to suggest that Gabbard, along with Fox News’s Tucker Carlson, should be taken prisoner and tried. “They are Russian Assets and there is a war,” Olbermann tweeted. “There’s a case for detaining them militarily. Trials are a sign of good faith and patience on the part of democracy.” Olbermann’s last sentence seemed to suggest that the authorities would be doing Gabbard and Carlson a favor by putting them on trial rather than immediately in front of a firing squad.
What is going on? These are people who have made a living for a long time saying irresponsible things. But in this instance, those irresponsible things had the imprimatur of Romney, the respected senator who, as presidential nominee, once led the Republican Party. Perhaps now Romney could try to limit the damage he has done by taking back his words and using his influence to urge that everyone cool down in the debate over Ukraine.
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