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Has any U.S. president ever been convicted of treason?

Checked on November 24, 2025
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Executive summary

No U.S. president has been convicted of treason in U.S. federal courts, and treason convictions at the federal level have been rare — fewer than 40 federal prosecutions with even fewer convictions, and the last fully upheld federal treason conviction cited in coverage dates to 1949 (Herbert John Burgman) [1] [2]. The Constitution narrowly defines treason and sets high evidentiary bars (an overt act plus either two witnesses to the same overt act or a confession in open court), which legal commentators and scholars say makes treason prosecutions especially difficult even for high-profile figures [3] [4].

1. Treason is narrowly defined and hard to prove

The U.S. Constitution limits treason to “levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort,” and it requires either testimony from two witnesses to the same overt act or a confession in open court for conviction; that combination of a narrow statutory definition and a strict evidentiary rule has historically constrained prosecutions [3] [5]. Legal guides and practitioners repeat these requirements and note that they were designed to prevent treason from being used as a political weapon [4] [3].

2. Historical record: few prosecutions, even fewer convictions, none among presidents

Historical surveys and compilations report fewer than 40 federal treason prosecutions since the Constitution’s adoption and only a small number of convictions; some death sentences were carried out in the 19th century (e.g., Taos Revolt and Civil War-era cases), but modern federal treason convictions are rare and often involve wartime collaboration or Nazi sympathizers in the mid-20th century [1] [2]. Available lists and reporting do not indicate any U.S. president has ever been convicted of treason [1] [2].

3. The last fully upheld federal treason conviction and related cases

Coverage identifies Herbert John Burgman (convicted in 1949) as the last federal treason conviction to be fully upheld, and other mid-20th-century treason-related prosecutions (including those tied to World War II) produced convictions or sentences that were sometimes commuted or later pardoned [1] [2]. The Constitution Center and legal commentaries also emphasize that many cases that looked like treason-related matters instead were charged under other statutes, such as the Espionage Act (the Rosenbergs’ trial is an oft-cited example of treason-related prosecution being brought under other federal statutes) [6].

4. Impeachment versus criminal treason prosecutions: different tracks

The Constitution contemplates impeachment and removal from office for “Treason, Bribery, or other high Crimes and Misdemeanors,” a political process distinct from criminal prosecution; impeachment can disqualify an officer and remove them from office, while criminal conviction (in federal court) could follow and carries separate requirements and penalties [7] [5]. Some commentators have suggested impeachment can address conduct that might otherwise be framed in criminal terms, but the two-thirds Senate threshold and differing aims mean impeachment is not a substitute for a criminal treason conviction [7].

5. Contemporary debates and why treason charges are uncommon today

Contemporary analyses explain that even when commentators or advocacy groups label particular presidential conduct “treasonous,” prosecutors often avoid treason charges because constitutional language, the high evidentiary standard, and complex political ramifications make successful prosecutions unlikely; legal analysts note that alternative charges (seditious conspiracy, obstruction, or statutory crimes) are more frequently pursued [8] [4]. Advocacy groups and political actors sometimes assert treason claims (for example, opinion or advocacy pieces), but such claims do not equate to criminal convictions and must meet constitutional thresholds to succeed [9] [8].

6. What the available sources do not say

The provided sources do not document any instance of a U.S. president being criminally convicted of treason in federal court; they also do not offer detailed case files proving or disproving particular modern allegations against named presidents — instead they summarize law, history, and political arguments [2] [3]. If you are asking about a particular president or a specific set of facts, those precise prosecutorial records or indictments are not contained in the current set of sources and therefore are “not found in current reporting.”

Conclusion — bottom line for readers: Treason convictions of U.S. citizens at the federal level are rare, require a tight constitutional and evidentiary showing, and historical lists and legal overviews in the provided materials show no U.S. president has been convicted of treason [1] [3]. Debates about whether particular presidential actions amount to treason persist in legal and political commentary, but those debates have not translated in these sources into a presidential treason conviction [9] [8].

Want to dive deeper?
Have any U.S. presidents ever been formally charged with treason or similar crimes?
What is the constitutional definition of treason and has it ever applied to a president?
What are notable legal cases where presidents faced criminal charges or impeachment instead of treason?
Could a sitting or former U.S. president legally be tried for treason today?
What historical accusations of treason have been made against U.S. presidents and how were they resolved?