Long story short, they'll never get Trump on treason.
You can read the text of the cases if you want. I'm not going to (see massive waste of time). There were 377 notes of decision relating to the statute on my first shot at it on Westlaw. I mention that because while a statute may look pretty plain, it's often impossible to understand its application unless you read a good number cases where it's at issue. Have fun!
47.Combination and conspiracy, levying war
Also listed as Levying war - Combination and conspiracy
If war be actually levied, all citizens who perform any part, however minute, or however remote from scene of action, and who are actually leagued in general conspiracy are considered traitors. Tomoya Kawakita v. U.S., U.S.Cal. 1952, 72 S.Ct. 950, 343 U.S. 717, 96 L.Ed. 1249, rehearing denied 73 S.Ct. 5, 344 U.S. 850, 97 L.Ed. 660.
To conspire to levy war and actually to levy war, are distinct offenses. Ex parte Bollman, U.S.Dist.Col. 1807, 4 Cranch 75, 8 U.S. 75, 2 L.Ed. 554.
A consultation or conspiracy to levy war is not an overt act, within the definition in U.S.C.A.Const. Art. 3, § 3, cl. 1. In re Charge to Grand Jury, C.C.N.Y.1861, 30 F.Cas. 1034, No. 18271.
“A mere conspiracy to subvert by force the government of the United States is not treason. * * * To conspire to levy war, and actually to levy war, are distinct offenses. If a body of people conspire and meditate an insurrection to resist or oppose the laws of the United States by force they are only guilty of a high misdemeanor.” In re Charge to Grand Jury, C.C.N.Y.1861, 30 F.Cas. 1032, 23 Law Rep. 597, No. 18270.
War must be actually levied, and no consultation or conspiracy to subvert the government or laws, however atrocious the offense, can amount to treason. U.S. v. Hoxie, C.C.Vt.1808, 26 F.Cas. 397, No. 15407.
Levying war against the United States by persons however combined and confederated, even though successful in establishing their actual authority in several states, is treason. Keppel v. Petersburg R. Co., C.C.Va.1868, 14 F.Cas. 357, No. 7722. Treason Key Number 5
The court are of opinion that a combination or conspiracy to levy war against the United States is not treason unless combined with an attempt to carry such combination or conspiracy into execution; some actual force or violence must be used in pursuance of such design to levy war; but that it is altogether immaterial whether the force used is sufficient to effectuate the object--any force connected with the intention will constitute the crime of levying war. Case of Fries, C.C.Pa.1800, 9 F.Cas. 924, No. 5127.
“No war can be levied without a combination * * * which must necessarily constitute a part, though not the whole, of the offense.” U.S. v. Fries, C.C.Pa.1799, 9 F.Cas. 826, 3 U.S. 515, 3 Dall. 515, 1 L.Ed. 701, No. 5126.
