OPINION: Comey didn’t commit a crime — neither did Donald Jr. Alan Dershowitz gives his perspective on both. We agree Comey didn’t commit treason, but if he handed out Top Secret memos to someone with no clearance we believe he could be in violation of 18 U.S. Code § 798 – Disclosure of classified information.
The crime of treason is explicitly defined in the Constitution as limited to the following conduct: “Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” (Emphasis added.) It does not include receiving aid from a Russian lawyer, whether that lawyer was acting in a private capacity or as a surrogate for her government.
