Last month, former Air Force Major Eddie “Runner” Brown was arrested and charged with “providing and conspiring to provide defense services to Chinese military pilots without authorization, in violation of the Arms Export Control Act (AECA).”
While at the Air Force, Brown had trained pilots in the F-4 Phantom II, F-15 Eagle, F-16 Fighting Falcon, and the A-10 Thunderbolt II. After leaving the service, he was also contracted to be a simulator instructor for A-10 and F-35 pilots.
Brown is accused of training elite Chinese pilots on American air-to-air tactics from 2024 to 2026. Despite the seriousness of the allegations, however, he isn’t charged with treason, but rather than for violating arms export controls, and there is a reason for that.
Article III, Section 3 of the U.S. Constitution, which defines and outlines what is considered treason in U.S. law, reads:
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
And Title 18 U.S. Code 2381 echoes the Constitution while outlining possible punishments.
“Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or imprisoned and fined, and incapable of holding any U.S. office.”
Both of these documents effectively state that there are two ways someone can commit treason. The first is the most direct: levying war against the United States. So if Brown were to have actually flown combat missions against American forces, for instance, he would be guilty of treason.
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The second, however, “adhering to the enemies of the United States,” is a bit more indirect. This could include things like sharing sensitive information, which Brown is accused of doing.
Importantly, however, China is not an officially recognized enemy of the United States. China may be a geopolitical rival and diplomatic adversary, but the U.S. is not actively at war with it, and as such, there’s no legal standing for treason charges.
This is why, despite being a term that gets tossed around a lot in political circles, very few people have ever been charged with treason, and even fewer have been convicted. In America’s entire 250-year history, only 40 treason cases have ever been prosecuted, only 13 people have ever been convicted of treason, and only three have ever been executed. In fact, there’s only been one person indicted for treason in the past 70 years – a man named Adam Gadahn who was charged with making propaganda videos for al-Qaeda in 2006, but was killed in an airstrike before he could be taken to trial.
But the law is, of course, subject to some degree of interpretation, and that means people like Brown may not be protected from treason charges forever. If war were to break out between the United States and China in the near future, aggressive prosecutors could theoretically make the argument that Brown was guilty of treason, despite his actions taking place prior to a formal declaration of war. And while that argument could be an uphill battle, a ruling on their behalf could establish new legal precedent for these cases.
In the meantime, Brown has been charged with a willful violation of the Arms Export Control Act, or AECA, which can come with a maximum sentence of 20 years in prison or $1,000,000 in fines. The language in the DoJ press release also says that Brown is charged with both “providing and conspiring to provide” defense services to the Chinese military. If the latter is listed as a separate charge under the Federal Conspiracy Statute, it could come with an additional maximum sentence of five years in prison and up to $250,000 in fines.
Feature Image: Mugshot of Major Gerald “Runner” Brown. (Creative Commons)
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