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opinton Judge Frank stated ". . « tn the Rosenbergs! case, an easential element of treason, gtutng aid to an ‘enemy,’ ta trreler Boos _ to the esptonage offense.” in dtacussing the defendants? argument | eoneerntng cruel and unusual puntshnent, Judge Frank ruled "This argunent, we think, tnuolvea an unfounded aasunptton, t. ee, that Congress will always authortze ‘the death ‘sentence for treason. Without that assumption the argument would ‘oompel the strange coneluston that tf Congress tn tte discretton, euthorized os martnum twenty-year penalty for treason, no greater punishment — could be gtvuen for esptonage, sedttton, or @ stintlar crime without "Ste becoming cruel and unusual,'" (65-58236-1258, 1298) = 102 -