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Fact check: What are the historical cases of treason convictions in the United States?

Checked on July 24, 2025

1. Summary of the results

Based on the analyses provided, treason convictions in the United States are exceptionally rare, with fewer than 12 Americans successfully convicted of treason throughout the nation's history [1] [2]. The Constitution defines treason very specifically, requiring intent to betray the U.S. and testimony of two witnesses or a confession in open court [3].

Notable historical cases include:

  • Aaron Burr - involved in a conspiracy case [1] [4] [2]
  • Tokyo Rose - convicted for wartime propaganda activities [1] [2]
  • Adam Gadahn - convicted for his involvement with terrorist organizations [1]
  • Jefferson Davis - Confederate president, though his case had unique circumstances [2]
  • The Christiana Resistance - related to slavery-era conflicts [2]
  • Sheikh Omar Abdel-Rahman - connected to terrorism-related charges [2]
  • Nazi Saboteur Affair - World War II era case [4]

The sources emphasize that both sedition and treason cases are rare in American legal history [2], with the Constitutional definition creating a high bar for conviction [4] [5].

2. Missing context/alternative viewpoints

The analyses reveal several important contextual elements:

  • State-level treason laws exist alongside federal treason statutes, creating a more complex legal landscape than might be initially apparent [5]
  • The distinction between treason and sedition is significant, as these are separate legal concepts with different requirements and historical applications [2]
  • Modern political discourse has seen accusations of treason used more loosely, including Trump's accusation of treason against Obama and Tulsi Gabbard's claims regarding 'treasonous' behavior during the 2016 election, though these are described as disputed or politically motivated rather than legal determinations [6]

Legal scholars and constitutional experts would benefit from maintaining the strict constitutional definition of treason, as it prevents the weaponization of treason charges for political purposes. Conversely, political figures may benefit from using treason accusations rhetorically to discredit opponents, even when legal standards aren't met.

3. Potential misinformation/bias in the original statement

The original question itself appears neutral and factual in nature, simply asking for historical information about treason convictions. However, the analyses reveal potential areas where misinformation could arise:

  • Contemporary political figures have made disputed claims about treasonous behavior that don't meet legal standards, with one source describing Trump's treason accusation against Obama as an "outrageous" and "weak attempt at distraction" [6]
  • The rarity of actual convictions (fewer than 12 in U.S. history) contrasts sharply with how frequently the term "treason" appears in modern political discourse, potentially creating public misconceptions about what constitutes legal treason versus political rhetoric

The question itself contains no apparent bias, but understanding the historical context helps distinguish between legitimate legal cases and politically motivated accusations that don't meet constitutional standards for treason.

Want to dive deeper?
What is the legal definition of treason in the United States?
How many people have been convicted of treason in US history?
What was the outcome of the Julius and Ethel Rosenberg treason case in 1953?
Can a US citizen be convicted of treason for aiding a foreign enemy during wartime?
What is the difference between treason and espionage under US law?