Wild Accusations

It’s as reckless as it is false. The day before Thanksgiving, Elon Musk tweeted that Alexander Vindman should “pay the appropriate penalty” for committing treason. Musk claimed, falsely, that Vindman, an immigrant from the then-Soviet Union, “is on the payroll of Ukrainian oligarchs.”

If you haven’t reread Orwell’s “1984” recently, this might be a good time. Musk seems to feel as bound by the truth as Trump in his public pronouncements, which is to say, not at all.

Orwell wrote: “In the end, the party would announce that 2+2 made 5, and you would have to believe it. It was inevitable that they would make that claim sooner or later. The logic of their position demanded it.”

Alexander Vindman, who bravely stepped forward as the whistle-blower following Trump’s call with Ukrainian President Volodymyr Zelensky, the one that led to Trump’s first impeachment, is not a traitor. And Musk is no prosecutor. He doesn’t have the authority to indict anyone, and apparently, he doesn’t know much about the law, because given the legal requirements for proving treason, Vindman hasn’t come anywhere close to committing the crime.

Treason, both the crime established in the Constitution and the one found in the U.S. criminal code, requires that a defendant act with the specific intent to betray the United States and that to do so, they provide aid and comfort to a country that we are at war with. Ukraine is our ally. No responsible prosecutor would charge Vindman, because DOJ requires its lawyers to believe they can both obtain a conviction and sustain it on appeal before doing so. Even if an irresponsible one tried to, it wouldn’t make it past a judge and jury. So let’s be clear: Musk isn’t talking about a realistic possibility; he’s not even in the ballpark. It’s just a baseless, defamatory, smear campaign, with Musk claiming Vindman should “pay the appropriate penalty,” which in cases of treason, includes death.

This is the statute:

18 U.S. Code § 2381 - Treason

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 shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

Musk’s comments appear to have been a response to comments by Vindman on MSNBC that there was reason to be concerned about Musk’s relationship with Putin in light of his access to state secrets.

After Musk leveled his threat, Vindman responded that it was “the kind of response one would expect from a conspiracy theorist” and pointed out it was lacking in any specifics, including who the oligarch was and what acts of treason Vindman had committed. Vindman said he’d never taken money from any oligarch.

Virginia Senator Tim Kane tore into Musk on Twitter today, writing: “Message to Elon Musk—The Vindman family embodies patriotism and public service. You know nothing about either.”

Musk’s words are just words. But they highlight the irregularity and danger of what’s to come. By tradition, presidents don’t comment on ongoing criminal cases, so there can be no argument on appeal that they might have influenced a jury. If it comes to revenge prosecutions, it’s enormously unlikely Trump would honor that norm. And even if he did, his buddy would be there to do his bidding.

If we don’t want to become a banana republic, we cannot let this be normalized. That’s the concern Vindman expressed to me about this situation, that Trump’s election is “a signal to authoritarians that they can act with impunity. Musk believes he bought himself the election so he could act with impunity.” In other words, democracy is for sale.

In November of 2023, Alex was our guest for Five Questions. His answer to my final question for him is just as important today as it was then:

Joyce: So many people are engaged and want to do whatever they can to ensure democracy survives the 2024 election and Trump. What do you see as some of the opportunities for each of us to get involved and do our part?

Alex: The most important thing we can all do is read your Substack to stay smart on threats to our democracy! But seriously, one thing we can do is get engaged locally. Once people connect with their communities and stay engaged, they will notice that their communities are good; no one is living in a Trumpian hellscape of American decline, and it’s important to push back against this narrative.

Complacency is not an option. Understand the power of your vote. If your vote wasn’t important, foreign adversaries wouldn’t be working so hard to influence your vote. Republicans wouldn’t be removing large swaths of voters from the rolls. Normalize talking to your friends and acquaintances about voting and educate them on candidates and issues. We have just under a year until the election and it’s going to be a marathon, not a sprint. Just think of how good it will feel to defeat MAGA again next year!

This is America…and here, right matters!

Treason is quite a charge to level against an American patriot, a real one who both served and fought, two things neither Trump nor Musk have ever done. It’s Musk and Trump and their vision of kleptocracy for America; another one of those sobering moments on the way to the inauguration that tells us how critically important it will be for us to be prepared to push back. We are going to be the guardrails.

We’re in this together,

Joyce