this post was submitted on 17 Aug 2024
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How is this not providing aid and succor to our enemies?
Article III, Section 3, Clause 1 says:
It's a fairly narrow definition. I haven't found any cases where the USSC defines "enemy" but, given the preceding sentence, it looks like the heavily implied definition is, "Members of a nation that is at war with the United States."
Officially, the US has only been at war 5 times. The last one was WW II.
The US has extensive sanctions against Russia and Putins associates and many violators have already been prosecuted.
The US has specific sanctions against Ramzan Kadyrov and if Musk violated any of them he could be prosecuted for sanctions violations.
That would be separate from a prosecution under "succor to the enemy". As near as I can tell, that only comes into effect under the very specific case of declared wars and that sanctions alone, aren't sufficient.
Because Russia is not the enemy of the United States, its the enemy of Ukraine. At least that's what I assume the answer is.