There have been a series of violent incidents and acts of vandalism aimed at Tesla facilities, dealerships, vehicles and charging stations. The most likely motivation is anger at Elon Musk. Musk has aligned himself with the far-right and his DOGE has proven both unpopular and harmful. For example, DOGE’s attack on USAID will result in illness and death.  This raises the ethical issue of whether this “war” on Musk is morally justified.

 The obvious moral case against these attacks is that while they are aimed at Musk, they will also hurt other people. While people do buy Tesla vehicles because they agree with Musk, there are many Tesla owners who disagree with him. Anecdotally, most of the Tesla owners I know are wealthy liberals who bought them back when Tesla was presenting itself as a green company. And even if a Tesla owner backs Musk, this would not warrant damaging their vehicle to harm Musk, especially since it will hurt the owner rather than Musk. Going after charging stations will also mainly hurt innocent Tesla owners and attacking dealerships and facilities will harm their owners and the people who are employed there. As these attacks will do considerable collateral damage to innocent people, this sort of war on Musk is morally problematic. An obvious reply to this is to run with the analogy to war.

Even a just war will involve collateral damage to innocents and noncombatants and the same arguments used in favor of just war could be applied to this situation. While it is regrettable that innocent people and people other than Musk and his supporters will be harmed, this is the only viable means to impose consequences on Musk for his actions and the harm he and DOGE have been doing to America and the world. Those who believe in the rule of law will make the obvious and sensible reply that the use of extralegal violence is wrong. Instead, they would argue, legal remedies should be sought to preserve the rule of law and minimize violence and harm to property.

While this reply has merit, it suffers from a serious flaw. Trump has given Musk broad powers and Musk has used this to damage and dismantle the agencies and institutions that would keep him and Musk in check. While lawsuits have been brought against Musk, Trump controls the Department of Justice and the Supreme Court. He can also pardon Musk for any federal offenses. Trump also controls congress, albeit by a thin margin. As such, Musk can operate with impunity and is unlikely to face any meaningful consequences for any illegal acts and harm that he does. While Trump controls much of the state, the parts he does not control are being targeted for destruction. Within the parts that Trump controls, the machinery of the state will serve as Musk’s shield and sword: it will protect him and allow him to harm his foes. While lawyers are heroically bringing lawsuits, Musk’s power is effectively unchecked, and he is likely to have nothing to fear from legal means to oppose him.

As the state is dismantled and gutted, Musk will be able to operate in a lawless zone. In Lockean and Hobbesian terms, he is operating in the state of nature: he can do what he wants and the only means to oppose him is the use of force. People already seem to understand this; they know that Musk will be able to keep inflicting terrible damage and the best that can be done within the system is to bring lawsuits and hope that someday there will be a favorable ruling that Musk will be willing to obey.  Ironically, as Musk dismantles the machinery of the state that protects the rest of us from people like him, he also dismantles his protection. When people realize that they have no legal means to address the harm being done by Musk, some people will turn to violence, just as happened with the execution of the health insurance CEO. This is the state of nature situation in which disputes must, as Hobbes said, be settled with the sword.

It is unlikely that anyone will be able to execute Musk, as he has his own private security force. Some of Musk’s private security were deputized by the US Marshall’s Service and this gives him ownership of his own small police force. He will also be protected by the “normal” police.

There is no independent prison system where Musk could be locked up for his alleged crimes or an independent judiciary that could impose fines on him. As such, the only recourse seems to be inflicting financial harm by targeting Musk’s companies. This does provide Musk with a set of hostages since hurting Musk’s companies also hurts the employees, contractors, stockholders and customers. As such, there is the moral question of whether the harm caused to these people to harm Musk would be morally acceptable. As noted above, this can be taken as falling under the ethics of just war and it can be argued that collateral damage to innocents can be justified as part of a moral conflict against an enemy who cannot be held accountable by other means. Naturally, it could be objected that the conflict with Musk is not just or argued that people must stick with legal remedies even as Musk and Trump gut the system that would allow such remedies.

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