https://reevesjw.medium.com/five-myths-about-robert-e-lee-d9d6fa331aa
The belief that the Confederate leaders didn’t really commit treason is widely held in America today. In 2017, White House Chief of Staff John Kelly said of Lee, “He was a man that gave up his country to fight for his state, which 150 years ago was more important than country. It was always loyalty to state first back in those days.” Lee himself made a similar argument in 1866, when he said, “Virginia, in withdrawing herself from the United States, carried me along as a citizen of Virginia, and her laws and her acts were binding on me.”
Regardless, of Lee’s and Kelly’s view of the matter, it was always the position of the United States Government that Robert E. Lee, Jefferson Davis, and the other Confederate leaders had committed treason, as defined in Article III of the Constitution. On June 7, 1865, Robert E. Lee was indicted for treason by a federal grand jury in Norfolk, Virginia. He faced death by hanging if convicted.
And the Union won the war so Lee was a traitor. Had the Confederates successfully seceded, it would be different. Obviously at the time Lee felt the Confederates had the right to leave the US and went with them.
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