Author Topic: Is there a statute of limitations on treason?  (Read 1141 times)

Offline Preon1

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Is there a statute of limitations on treason?
« on: July 19, 2004, 09:03:57 AM »
Just got done reading this article in the Los Angeles Times about a deserter and a traitor in the Korean War.

Quote
Jenkins disappeared across the Korean peninsula's demilitarized zone while on patrol in 1965 after telling other soldiers that he wanted to investigate a noise. Shortly afterward, he said over a loudspeaker that he had found a socialist paradise in North Korea. Over the years, he appeared in North Korea's anti-American propaganda.


Does the fact that he married a kidnapped Japanese girl or the fact that he didn't personally kill Americans make a difference?  The article makes it sound like he might get off.

Quote
Los Angeles Times
July 19, 2004
Pg. 1


Risking Extradition, Ex-GI Goes To Japan

The alleged defector is ill and his wife is popular among Japanese, posing a dilemma for the U.S.

By Bruce Wallace, Times Staff Writer


TOKYO — Steadied by a cane and his wife's grip on an elbow, former U.S. Army Sgt. Charles Robert Jenkins stepped off a plane and onto Japanese soil Sunday, placing himself in the legal line of fire from an American government that has promised to prosecute him for allegedly defecting to North Korea almost 40 years ago.

Japanese authorities immediately whisked Jenkins, 64, to a Tokyo hospital, where he will undergo tests and possible treatment for an undisclosed abdominal illness. Washington has promised to postpone any extradition request for at least as long as Jenkins is under medical care.

The frail-looking former soldier flew to Tokyo from Indonesia, which, unlike Japan, has no extradition treaty with the United States. He and his two adult daughters spent an emotional, nine-day reunion in Indonesia with Jenkins' Japanese-born wife, Hitomi Soga, who was repatriated alone from North Korea in 2002.

His presence in Japan sharpens the diplomatic dilemma facing the Bush administration.

On one hand, Washington has made clear that it intends to seek custody of Jenkins, who disappeared across the Korean peninsula's demilitarized zone while on patrol in 1965 after telling other soldiers that he wanted to investigate a noise. Shortly afterward, he said over a loudspeaker that he had found a socialist paradise in North Korea. Over the years, he appeared in North Korea's anti-American propaganda.

The administration is unwilling to bend on punishing serious military crimes, especially while it has troops fighting in Iraq and Afghanistan.

On the other hand, the U.S. is also sensitive about stirring up anti-American resentment in Japan, its foremost ally in Asia and a country divided over its military participation with U.S.-led forces in postwar Iraq. Washington is wary of being seen as a villain in the Jenkins affair by tearing apart a family already scarred by a tragic history of separation.

There is an emotional clamor in Japan to allow Jenkins to stay, prompting the government to ask the Bush administration to waive extradition on humanitarian grounds.

Jenkins' apparently serious medical condition gives both sides a respite to try to finesse a compromise.

"The man is in terrible shape," U.S. Ambassador Howard H. Baker Jr. told reporters in Tokyo on Thursday. "His health circumstances are barely short of extreme."

Baker said Washington was in no hurry to demand custody of the alleged defector, though the administration insisted that Jenkins would eventually be charged.

But the two governments are clearly seeking a way out of the impasse. Last week, Baker met senior Japanese government officials, who later told local reporters the ambassador suggested that Jenkins offer a plea bargain. Baker also reportedly dismissed the possibility that the former soldier would face the death penalty if convicted of desertion and aiding the enemy.

The Japanese officials said they interpreted the remarks as Baker's personal opinion, not U.S. government policy.

Japan's concern is not so much for the fate of Jenkins, toward whom the public remains largely indifferent, as for the 45-year-old Soga, who has become a beloved figure over the last 22 months while struggling to bring her family together in her native land.

She is now the star of a real-life drama the Japanese media have portrayed as a tragic love story in search of a happy ending.

The country has taken Soga to its collective heart since learning the details of her life story. She was kidnapped by North Korean agents as a teenager in 1978 and taken to the communist country to teach Japanese to its spies. Her mother, who was shopping with Soga when she was snatched near her home on a northern Japanese island, has not been seen since — a fate Soga did not learn until her release.

Soga came home in 2002 with four others after North Korea confessed to Prime Minister Junichiro Koizumi, at its first summit with a Japanese leader, that its agents had abducted Japanese citizens. The North Koreans allowed the five to leave with Koizumi at the time for a "visit" to Japan. None has returned.

By the time of her repatriation, Soga had been married to Jenkins for 22 years — he had been assigned in 1980 to teach her English — and the couple were raising two daughters. But Jenkins refused to leave North Korea, remaining behind with the children, fearful that he would be sent back to the U.S. to face the Cold War-era charges.

His wife's anguish has been on national display ever since. Newspapers published her poems of longing for her family; television showed her making hundreds of paper cranes to will her family home. Her family members "want to live in Japan," she declared, and the phrase became a national cry.

The media obsession is such that both Japanese national airline carriers offered to donate the aircraft and crew for Sunday's flight from Indonesia.

Soga has become the symbol of one of the most emotionally potent political issues in Japan: the true fate of eight — and possibly more — Japanese abductees who the North Koreans say are dead. On Sunday, Jenkins' two daughters, Mika, 21, and Belinda, 18, wore prominent blue ribbons on their blouses, the Japanese symbol of support for repatriating the "missing" abductees. The ribbons replaced the North Korean badges they had been wearing when they boarded the plane Sunday in the Indonesian capital, Jakarta.

Meanwhile, Hasan Wirajuda, Indonesia's foreign minister, who met Jenkins at a private governmental reception in Jakarta on Saturday, told reporters there that he appeared resigned to some form of U.S. military sanction for his actions.

"Mr. Jenkins said he was not so sure about his future," the foreign minister said. "But as head of his family, he would be happy to see his two daughters would be reunited with their mother, perhaps at the expense of what will happen to himself."

There is a widespread assumption that the U.S. military will insist on debriefing Jenkins to hear any insights into the North Korean regime and whether other American soldiers may have defected to or been kidnapped by the secretive state.

If so, like the Japanese public, they will have to wait a little longer for a resolution to the strange, four-decade saga.

Offline Maverick

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Is there a statute of limitations on treason?
« Reply #1 on: July 19, 2004, 09:14:49 AM »
I don't know if there is a statute of limitations regarding desertion during a time of war and giving aid and comfort to the enemy. I doubt there is, but just do not know.

AFAIC this person was "adult" enough to defect to the enemy and then almost immediately aid them during the conflict. He should be "adult" enough to accept the consequenses of his actions. If he returns he should face up to it. Otherwise he should stay in his socialist paradise.

His wife and daughters had no choice, they were there not by their own actions. They should be allowed to go wherever they want.
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Offline Chairboy

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Is there a statute of limitations on treason?
« Reply #2 on: July 19, 2004, 09:47:28 AM »
Don't worry, there'll be an episode of JAG or Law & Order soon that will work all this out for us so we understand the issue.

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Offline Trell

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Is there a statute of limitations on treason?
« Reply #3 on: July 19, 2004, 09:54:43 AM »
If he comes to america throw him in jail.  As long as he never sets foot on americian soil, They I dont think we should do anything to him.

Offline anonymous

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Is there a statute of limitations on treason?
« Reply #4 on: July 19, 2004, 10:07:16 AM »
while theyre at it theres more than a couple of elected democrats from the seventies eighties and nineties that should be sharing a cell with him.

Offline Chairboy

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Is there a statute of limitations on treason?
« Reply #5 on: July 19, 2004, 10:11:54 AM »
Anonymous, when you equate the actions of politicians you disagree with right alongside actual treason, you cheapen the definition of treason.

That's like calling the teachers union 'terrorists', it's way over the top and kills your message.
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Offline Lizking

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Is there a statute of limitations on treason?
« Reply #6 on: July 19, 2004, 10:14:58 AM »
I wish that terrorists were more like the NEA-then nothing would ever get done, no matter how much money they got.

Offline anonymous

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Is there a statute of limitations on treason?
« Reply #7 on: July 19, 2004, 10:21:02 AM »
Quote
Originally posted by Chairboy
Anonymous, when you equate the actions of politicians you disagree with right alongside actual treason, you cheapen the definition of treason.

That's like calling the teachers union 'terrorists', it's way over the top and kills your message.


where did i say disagree? there are elected democrats who have commited treason against the us and never answered for it. keep in mind im not talking about your average dem or repub criminal. im talking about traitors.

Offline Thrawn

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Is there a statute of limitations on treason?
« Reply #8 on: July 19, 2004, 10:25:17 AM »
Who?

Offline anonymous

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Is there a statute of limitations on treason?
« Reply #9 on: July 19, 2004, 10:32:08 AM »
Quote
Originally posted by Thrawn
Who?


thrawn youre not american? no reason youd know of this then. do some reading on ron dellums. let me know what youd think if he was elected official of your nation and conducted himself in such a manner. pay close attention to his actions in seventies and eighties.

Offline anonymous

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Is there a statute of limitations on treason?
« Reply #10 on: July 19, 2004, 10:36:23 AM »
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Originally posted by Thrawn
Who?


how about hazel oleary. clinton appointed SoE. declassified over ten million pages of nuclear data as a "protest against a bomb building culture". SoE job isnt to protest a damn thing. SoE responsible for nuclear security among other things.

Offline MotorOil

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Is there a statute of limitations on treason?
« Reply #11 on: July 19, 2004, 10:52:14 AM »
I don't believe the statute of limitations applies as he was charged 39 years ago.  The problem is no one has gotten their hands on him to prosecute him.  If I'm not mistaken (I'm no lawyer) the statue of limitations only refers to how long you can wait before charging someone with a crime.  Since he's been charged it does not apply.

Offline anonymous

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Is there a statute of limitations on treason?
« Reply #12 on: July 19, 2004, 10:54:38 AM »
Quote
Originally posted by Chairboy
Anonymous, when you equate the actions of politicians you disagree with right alongside actual treason, you cheapen the definition of treason.

That's like calling the teachers union 'terrorists', it's way over the top and kills your message.


so you consider "actual treason" to be aiding the enemy in time of war. i agree. everyone who has ever lied to support cause of enemy of us should be charged with treason. ron dellums fonda reverend william sloane coffin cora weiss and many others all of them should be rounded up. this soldier derserted and aided enemy during cease fire. others mentioned acted as traitors at the height of a shooting war. glad youre with me on this.

Offline lazs2

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Is there a statute of limitations on treason?
« Reply #13 on: July 19, 2004, 10:54:58 AM »
just let socialized medicine finish off what they started.

lazs

Offline anonymous

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Is there a statute of limitations on treason?
« Reply #14 on: July 19, 2004, 10:56:48 AM »
Quote
Originally posted by MotorOil
I don't believe the statute of limitations applies as he was charged 39 years ago.  The problem is no one has gotten their hands on him to prosecute him.  If I'm not mistaken (I'm no lawyer) the statue of limitations only refers to how long you can wait before charging someone with a crime.  Since he's been charged it does not apply.


my money says they are going to debrief him at length on north korea and call it even. not saying i like it but i admit im biased.