Another Act of Treason

The Maximum Penalty Must be Sought

By Chuck Warren

Jack Teixeira, a member of Massachusetts Air National Guard, was arrested yesterday due to his accused involvement in one of the three most serious national security leaks of this century.  Former Trump Director of National Intelligence John Ratcliffe has called these leaks “catastrophic.”

There are many questions to ask regarding protocol, access, etc. which endanger our national security, and hence American and allied lives, but today we need to consider the punishment. In my view, if found guilty, he should receive maximum punishment, and the U.S. government should consider charging him with treason.

The U.S. Constitution defines treason as “levying war against [the United States], or in adhering to their enemies, giving them aid and comfort.” While lawyers are better suited to decide the chances of a successful prosecution for treason, there is no question that the leak gives aid and comfort to the enemies of the United States. If prosecutors decide that treason will not result in conviction, nonetheless, they should aim for the highest possible penalty—both because the leaker deserves it, and to make an example out of the leaker.

This is the third major breach in two decades. It must stop.

The most immediate harm caused by the leak will be in Ukraine. The most significant outcome of the Russian winter offensive was further embarrassment for the Russian military. Currently, the Ukrainians are bracing for a spring counteroffensive to claim back their territories. One of the leaked documents shows that the administration of President Joe Biden expects the counteroffensive to be a failure, something that likely will harm the Ukrainian military’s morale, and which the Russians have been exploiting to boost public support for the war at home by extensively covering on national TV.

More long-term implications include the diminishing of trust from U.S. allies and partners. The documents show that South Korea and Israel could provide military aid to Ukraine. Both have good reasons for secrecy. Israel, for instance, must mind the fate of 165,000 Jews in Russia, who might become the target of Vladimir Putin’s retaliation against Israel if any aid becomes public. Further, Israel has benefited from Russian cooperation in its stealthy war against Iran in Syria and Iraq. South Korea especially needs Russian cooperation in containing North Korea, whose military is mostly Soviet/Russian supplied.

More broadly, the documents contain details of conversations with allies, partners and internal U.S. government conversations about them—and not always in flattering manners. This leak will not result in a major breakdown of intelligence sharing or diplomatic relationships with them, but it will make these matters much more difficult and exhausting, especially coming on the back of previous ones.

The other two major leaks in this century were done by Private 1^st Class Bradley (now Chelsea) Manning and Edward Snowden. In both cases, the criminals got away. Prosecuting Snowden was difficult because he cowardly fled to Russia, yet his treason has paid him millions of dollars in book sales and speaking honorarium, as well as in prestige by being a virtual speaker slandering the U.S. government in places such as Columbia University and the University of Arizona. Manning, on the other hand, received a 35-year prison sentence, which was disgracefully commuted by President Barack Obama after he became a lame duck, likely a decision influenced by Manning’s coming out as transgender. In the aftermath, Manning became a left-wing celebrity, even invited to elite fora such as Foreign Policy magazine and Harvard’s Institute of Politics as a fellow—which was eventually rescinded after pressure by the national security community, nonetheless demonstrating how treason could be socially rewarding.

The U.S. government cannot afford another case of treason to go unpunished. The leaker, be it Teixeira or someone else, should receive the maximum penalty permitted under the law—even if that is capital punishment.

For one, maximum punishment will prevent future leaks. Ideally, it will do a small part in reassuring allies that we do not take this breach of trust lightly. Especially with rising global threats around the world, from Russia to China to Iran, America must prove that it is still worth the trust of its allies and partners. This leak is a betrayal to the state, and, as a self-governing people, the American people constitute the state, and we deserve justice.

Note: the opinions expressed herein are those of Chuck Warren only and not his co-host Sam Stone or Breaking Battlegrounds’ staff.

Are you getting ready for retirement? Invest in a portfolio with a high, fixed rate of return, that’s not correlated to the stock market. Visit investyrefy.com or call CALL 888-YREFY-24. Make sure you tell our friends at Yrefy that Chuck and Sam sent you.