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Fact check: Have any members of Congress been charged with treason in US history?

Checked on August 15, 2025

1. Summary of the results

Based on the analyses provided, no members of Congress have been formally charged with treason in US history. While the sources reveal several relevant historical cases, none specifically involve congressional members facing treason charges.

The closest historical precedent involves three congressmen - John Reid, John Clark, and Henry Burnett - who were expelled from Congress in 1861 for siding with the Confederacy during the Civil War [1]. However, this was an expulsion rather than a formal treason charge, despite their actions potentially constituting treasonous behavior.

The analyses reveal that treason prosecutions have effectively disappeared in modern American jurisprudence, with only one person indicted for treason since 1954 [2]. Notable historical treason cases mentioned include Aaron Burr's 1807 trial and Adam Gadahn's 2006 indictment [2], but neither were members of Congress.

2. Missing context/alternative viewpoints

The original question lacks important constitutional and legal context that emerges from the analyses:

  • The Constitution sets extremely high standards for treason convictions, requiring an overt act and testimony of two witnesses [3]. This makes successful treason prosecutions exceptionally rare.
  • Modern political discourse frequently involves treason accusations without formal charges. The analyses show recent examples including Tulsi Gabbard's allegations against Barack Obama's administration [4] and Trump's accusations that Obama committed 'treason' regarding election rigging [5].
  • There's a distinction between expulsion from Congress and criminal charges. While members have been expelled for treasonous behavior, this represents congressional discipline rather than criminal prosecution [1].
  • Some members of Congress have faced other serious criminal charges. For example, Rep. LaMonica McIver was charged with three counts of forcibly impeding and interfering with federal officers during the Trump administration [6], though these weren't treason-specific charges.

3. Potential misinformation/bias in the original statement

The original question itself doesn't contain misinformation, as it's posed as a straightforward historical inquiry. However, the question could benefit from clarification about whether it seeks information about:

  • Formal criminal charges versus congressional expulsions
  • Historical versus contemporary cases
  • Successful convictions versus mere accusations

The analyses reveal that treason accusations are frequently used in modern political rhetoric without legal basis [4] [5], which could create public confusion about the actual legal history of treason charges against congressional members. The constitutional requirements for treason are so stringent that successful prosecutions are extremely rare in American legal history [2] [3].

Want to dive deeper?
What is the process for charging a member of Congress with treason?
Have any US presidents been accused of treason?
What are the most notable cases of treason in US history?
Can members of Congress be held accountable for actions taken while in office?
How does the US Constitution define treason and its punishments?