Elon Musk's accusations against a former Donald Trump impeachment witness are "false" and "reckless," a former U.S. attorney has said.
Musk on Wednesday suggested retired Army Lt. Col. Alexander Vindman, who testified against then President Donald Trump at his first impeachment in 2019, "committed treason" and "will pay" after remarks he made in an October MSNBC interview about the billionaire circulated online this week.
"Vindman is on the payroll of Ukrainian oligarchs and has committed treason against the United States," Musk wrote on his social media platform X. There has been no evidence to suggest that Vindman is on the payroll of Ukrainian oligarchs or has committed treason. Musk added that Vindman "will pay the appropriate penalty" for his actions.
Newsweek has contacted Musk and Vindman for comment by email outside of regular office hours.
Former U.S. Attorney Joyce Vance hit out at Musk, writing in a Civil Discourse blog post on Saturday: "It's as reckless as it is false."
"Musk seems to feel as bound by the truth as Trump in his public pronouncements, which is to say, not at all," added Vance .
Vindman "is not a traitor," she continued. "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."
In a response on X on Wednesday, Vindman said Musk's comments were "false and completely unfounded accusations."
"I served in the military for nearly 22 years and my loyalty is to supporting the U.S. Constitution against all enemies foreign and domestic. That's why I reported presidential corruption when I witnessed an effort to steal an election," he wrote.
"You, Elon, appear to believe you can act with impunity and are attempting to silence your critics. I'm not intimidated," he added.
Treason is a federal crime in the U.S. Article III Section 3 says "[t]reason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
"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," according to Vance. And "even if an irresponsible one tried to, it wouldn't make it past a judge and jury," she said.
Democratic Virginia Senator Tim Kaine also tore into Musk, writing on X: "Message to Elon Musk—The Vindman family embodies patriotism and public service. You know nothing about either."
In October, Vindman told MSNBC that Russia was using people like Trump to "sow discord."
"Clearly Putin has a type. He likes narcissists and egomaniacs that he knows as a case officer can easily pander to manipulate, to do his dirty work," Vindman said. "Russia has been using different levers—whether that's corruption networks, in this case, it's influencers like Donald Trump, like Elon Musk, to kind of sow discord."
The Wall Street Journal reported in October that Elon Musk has been in regular contact with Russian President Vladimir Putin since late 2022. Their discussions allegedly covered personal topics, business interests, and geopolitical issues, occasionally involving high-ranking Russian officials like Sergei Kiriyenko, Putin's first deputy chief of staff.
Musk, the chairman of X, and the chief executive of SpaceX and Tesla, appears to be becoming increasingly influential in Trump's inner circle, including reportedly joining the president-elect in a phone call with Ukrainian President Volodymyr Zelensky.
Trump has also tapped Musk, along with former Republican presidential candidate Vivek Ramaswamy, to run the Department of Government Efficiency (DOGE) in order to "dismantle" federal bureaucracy and reduce staffing.
This isn't the first time Vindman and Musk have clashed. In 2022, the two engaged in a heated exchange on social media when Vindman called Musk a "purveyor of hate and division" in response to the X platform owner labeling him "both puppet & puppeteer."
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