When Elected Officials Conceal Crimes

Misprision of Treason — When Elected Officials Conceal Crimes

The American people have grown increasingly weary of watching elected officials wield the law selectively, applying it to their political adversaries while simultaneously ignoring their own statutory obligations. In recent years, this phenomenon has reached unprecedented levels, particularly in the handling of classified information leaks. A pattern has emerged in which members of Congress and other high-ranking officials, armed with knowledge of federal offenses, have concealed critical information, timing its public release for maximum political advantage. Such behavior is not merely unethical or political—it is criminal.

The most recent high-profile examples involve individuals such as Rep. Adam Schiff and Speaker Nancy Pelosi. According to publicly available reports, these officials and their associates had knowledge of the illegal release of classified materials yet withheld disclosure for months. The delay was strategic, allowing the information to be used in a political context to attack the sitting president. While the public and the media may treat these actions as standard political maneuvering, under federal law, concealment of knowledge regarding treasonous or criminal activity is itself a crime.

Legal Framework: Misprision of Treason

The primary statute relevant here is 18 U.S. Code § 2382 – Misprision of Treason, which states:

“Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.” [1]

In plain language, the law imposes a clear duty: if you are a citizen—or, by extension, an elected official—who has knowledge of treasonous activity, you are required to report it immediately to the proper authorities. Failure to do so constitutes a federal crime, punishable by both fines and imprisonment. This statute reflects the Founders’ understanding that treason is not only an act of betrayal but also an existential threat to the republic, and that concealment of such acts weakens the very foundations of government.

Beyond Misprision: Other Applicable Federal Laws

While misprision of treason is perhaps the most direct statute, other federal laws are also relevant. These include:

• 18 U.S.C. § 793 – Gathering, transmitting, or losing defense information [2]: This section of the Espionage Act criminalizes the unauthorized transmission or retention of information related to national defense, including classified material.

• 18 U.S.C. § 798 – Disclosure of classified communications intelligence [3]: This law prohibits the release of information related to communications intelligence and classified material obtained from the intelligence community.

• 18 U.S.C. § 371 – Conspiracy to defraud the United States [4]: If officials intentionally conspire to conceal federal offenses or obstruct lawful government processes, they may be in violation of this statute.

Taken together, these laws create a clear legal standard: withholding knowledge of criminal acts—especially those involving national security—is itself a punishable offense.

Historical Context and the Founders’ Intent

The severity with which the law treats misprision of treason is rooted in the experience of the Founding Fathers. During the Revolutionary War, spies, traitors, and collaborators posed a constant threat to the fledgling United States. Concealment of knowledge regarding such acts could—and did—lead to the loss of lives and jeopardize military campaigns. As such, misprision was criminalized to ensure that those who were aware of acts against the nation had both a legal and moral obligation to act.

This principle has not been reserved for low-level citizens alone. Throughout American history, public officials have been prosecuted for failing to disclose knowledge of federal crimes. For example, officials who conceal espionage activities or deliberate leaks of sensitive intelligence can be charged under both the Espionage Act and misprision statutes. The law does not provide a “political shield” for members of Congress or executive officials who choose to delay action for strategic gain.

The Modern-Day Political Weaponization of Classified Information

What makes the current situation particularly troubling is the deliberate use of concealed information as a political weapon. Public officials did not merely fail to report a crime out of ignorance or oversight—they withheld information until it became actionable in a political context. In other words, the concealment itself was leveraged for partisan gain.

This conduct is in direct opposition to the public trust. Citizens elect officials under the assumption that they will uphold the law and protect national interests. When those officials instead choose to selectively release sensitive information for political purposes, they not only betray their constituents but potentially violate multiple federal statutes.

Furthermore, the timing of such disclosures can have far-reaching consequences. Classified information, particularly related to national defense or intelligence operations, can endanger ongoing missions, compromise sources and methods, and undermine international relationships. The decision to delay reporting for political gain is thus not a victimless act—it has tangible, real-world consequences that extend far beyond the political sphere.

The Double Standard of Accountability

Perhaps the most glaring issue is the double standard in enforcement. Ordinary citizens or lower-level government employees who mishandle classified information are routinely investigated and, in some cases, prosecuted. Yet when elected officials engage in similar conduct, there is often little to no accountability. This undermines the rule of law and erodes public confidence in government institutions.

If the law is applied selectively—enforced only against those who lack political power—then it ceases to function as a safeguard for justice and national security. Misprision of treason and related statutes are not discretionary; they were designed to ensure that knowledge of serious federal crimes is reported immediately and without bias. Political expediency is not a defense.

Why This Matters to the American People

The implications of ignoring or downplaying such concealment are profound. When elected officials selectively enforce the law—or manipulate knowledge of crimes for political gain—it creates a culture of impunity. Citizens begin to believe that rules are applied unevenly, justice is negotiable, and accountability is optional. Such perceptions weaken democracy and foster cynicism about the very institutions designed to protect the republic.

Moreover, the concealment of classified information is not merely a technicality. It threatens national security, undermines the rule of law, and can have cascading effects across foreign policy, military operations, and intelligence efforts. By ignoring these violations, officials risk creating openings for adversaries to exploit.

Enforcing Accountability Without Exception

The law is clear. Misprision of treason, along with statutes governing the handling of classified information, imposes a strict duty: if you have knowledge of federal crimes, particularly those involving national security, you must report them immediately to the proper authorities. Deliberately withholding such information—especially to advance a political agenda—is not only unethical but criminal.

Citizens have the right to demand accountability. The rule of law must be applied equally to all, regardless of office or political affiliation. If the government can prosecute lower-level employees for mishandling classified information, it must also hold elected officials accountable when they violate the same laws. The security of the nation, the integrity of our institutions, and the trust of the American people depend on it.

It is time for Congress, the Department of Justice, and the American public to recognize that concealment of crime—particularly when linked to political opportunism—is not a gray area. It is a violation of federal law, a betrayal of the public trust, and a direct threat to the security and stability of the United States.

Footnotes

[1] 18 U.S. Code § 2382 – Misprision of treason, Cornell Law School: https://www.law.cornell.edu/uscode/text/18/2382
[2] 18 U.S. Code § 793 – Gathering, transmitting, or losing defense information, Cornell Law School: https://www.law.cornell.edu/uscode/text/18/793
[3] 18 U.S. Code § 798 – Disclosure of classified communications intelligence, Cornell Law School: https://www.law.cornell.edu/uscode/text/18/798
[4] 18 U.S. Code § 371 – Conspiracy to defraud the United States, Cornell Law School: https://www.law.cornell.edu/uscode/text/18/371