Over the last year or so, Ukraine has gained an edge on the battlefield against Russia. Ukrainian forces even rolled up an attempted Russian pincer through Operation Vivaldi while increasing attacks on Russian oil refineries and inflicting major economic damage.

Russia has responded by escalating attacks on Ukrainian civilian infrastructure, particularly power plants, and deploying drone operators to kill civilians at random. Ukraine, meanwhile, has developed a fairly effective domestic system for tracking and destroying Russian drones and missiles.

One young Ukrainian boy became a national hero after spotting a murder drone and waiting for it to pass. He then ran outside and snapped its fiber optic line, saving his entire family.

Ukraine’s more sophisticated interceptors depend on Starshield, the military version of Starlink sold by Elon Musk’s company SpaceX. Last week, without warning, Starshield stopped functioning in Ukraine on devices moving faster than about 100 miles per hour, including interceptors.

Several massive Russian attacks subsequently got through, causing major damage. Ukraine reportedly received no warning before some attacks, preventing people from evacuating, while dozens were killed and hundreds were injured.

The Wall Street Journal and senior Trump administration officials, including President Trump, have said Musk made the decision himself. The American Prospect column argues that such an action would constitute treason and that a trial is the traditional method for establishing what happened.

According to The Wall Street Journal, Musk personally decided on October 14 to restrict Starshield service in Ukraine. Trump called Musk on October 21 and asked him to restore service, but Ukrainian troops reported on October 23 that it still was not working.

Trump, Secretary of State Marco Rubio, and Secretary of War Pete Hegseth have all publicly said the administration did not request that Starshield be shut down. That puts the alleged decision squarely at the center of an extraordinary dispute over a billionaire’s power to shape American foreign policy.

Treason is the only crime mentioned in the United States Constitution. The Constitution defines it this way: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”

The column argues that Russia plainly qualifies as an American enemy because the United States has openly supported Ukraine during an active shooting war. Under President Biden, the United States provided extensive financial and military assistance, while intelligence sharing and weapons sales have continued under Trump.

NATO and the European Union have also stood firmly with Ukraine. Against that backdrop, the column argues that disabling internet service used to intercept Russian drones and missiles provides direct “Aid and Comfort” to Russia.

Russian President Vladimir Putin’s strategy, according to the column, centers on depressing Ukrainian civilian morale through terror bombing. Intentionally enabling those attacks, the author contends, supports Russian tactics while contributing to civilian suffering and death.

The author also describes the episode as thoroughly characteristic of Musk, portraying him as dishonest, petulant, and prone to lashing out when offended. The column cites his conduct involving stranded Thai cave divers, his claim about funding to take Tesla private, misinformation about Paul Pelosi’s assault, and antisemitic conspiracy theories.

Other explanations remain possible. Trump could have ordered the shutdown and blamed Musk after public backlash, or confusion could have consumed what the author calls the worst managed administration in history.

Whatever the explanation, the column argues that the situation is intolerable under constitutional government. Congress passes laws, the president executes them and commands the military, while an unelected billionaire has no legitimate authority to conduct his own freelance foreign policy.

Musk has never been elected to office and is not eligible to run for president. The column argues that his alleged action helped Russia inflict pain, suffering, and death on Ukrainian civilians, even as Trump and his top foreign policy officials publicly denied responsibility.

The Space Force recently attempted to book launches with SpaceX, but the company refused. That episode adds another jarring layer to the government’s dependence on a private company controlled by one extraordinarily powerful individual.

The column calls for everyone involved with Ukraine and Starshield to testify under oath, with all relevant communications subpoenaed. Investigators, it argues, should determine exactly what happened and impose whatever punishment United States law requires, rather than tolerate government by billionaire fiat.