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NASA head calls out SpaceX CEO Elon Musk over Starship event in bizarre statement

SpaceX CEO Elon Musk presented an update on Starship on September 28th. NASA's administrator did not approve. (Teslarati - Eric Ralph)

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Roughly 24 hours before SpaceX CEO Elon Musk was scheduled to present an update on the company’s Starship launch vehicle development, NASA administrator Jim Bridenstine tweeted a bizarre and wholly unprovoked statement on the subject.

Seemingly equating SpaceX’s recent Crew Dragon delays with the distribution of Elon Musk’s public attention, the NASA administrator’s comment was almost universally criticized by the spaceflight community at large – and rightfully so.

https://twitter.com/JimBridenstine/status/1177711106300747777

First, some context. Created in 2010 and first supported with serious funding some 12-24 months later, NASA’s Commercial Crew Program (CCP) exists to replace the astronaut transport capabilities once offered by Space Shuttle and now achieved with contracts for seats on Russian Soyuz launches. Primarily the result of inept bureaucracy in NASA and Congress, the Space Shuttle was “retired” in 2011 in full knowledge that the US would have to rely on Russia to get NASA astronauts to the ISS until 2015 (at the absolute earliest).

Congress shut down multiple 2010 proposals to continue Shuttle flights until the late 2010s, choosing instead to kill the Shuttle and divert its associated funding to the expendable Ares V rocket (now the Space Launch System, SLS) and Orion crew capsule. More on that later...

Retweeted by Bridenstine’s official Twitter account, above is the absolute best-case interpretation of the NASA administrator’s comment. Although Eric Berger means well, the interpretation gives NASA far too much credit. Specifically, Bridenstine (or whoever fed him the statement) went out of his way to make it entirely one-sided in its focus on SpaceX. By all appearances, it would have never been posted if not for Elon Musk’s plans to present on Starship. Bridenstine additionally notes that “Commercial Crew is years behind schedule” and indicates that “NASA expects to see the same level of enthusiasm focused on [its] investments”.

Altogether, it’s simply impossible to interpret it as anything less than Bridenstine scolding SpaceX – and SpaceX alone – for not falling to the floor, kissing NASA’s feet, and pretending that Crew Dragon and Falcon 9 are the only things in existence. Absent from Bridenstine’s criticism was NASA’s other (and even more delay-complicit) Commercial Crew Partner, Boeing, who has yet to complete a pad abort or orbital flight test of its Starliner spacecraft. SpaceX completed Crew Dragon’s pad abort in 2015 and completed a flawless orbital flight test in March 2019.

A render of Boeing’s Starliner spacecraft. (Boeing)
An actual photo of Crew Dragon in orbit. (NASA)

In essence, Bridenstine is publicly implying that SpaceX needs to stop being (or appearing to be) distracted by Starship and focus 100% on Crew Dragon. Boeing was not mentioned, despite being a minimum of six months behind SpaceX and dramatically more ‘distracted’ in the Bridenstine-style interpretation of the word. For reference, Boeing is a publicly-traded company with 150,000 employees, annual revenue of more than $100B, and a market cap of $206B. Boeing has 14 subsidiaries, a handful of which are involved in spaceflight, and has no less than one or two dozen products that are each more fiscally important to shareholders and board members than Starliner.

Compared to Boeing’s annual ~$100B revenue, the entirety of the Starliner development program – from the drawing board in 2010 to crewed, orbital spaceflight sometime in 2020 – is ~$4.8B. On the scale of corporate focus, Starliner has likely been a blip at most in 2019, with the company probably far more focused on the systematic organizational failures that lead to the deaths of hundreds of people in two near-identical 737 MAX crashes. Alas, NASA administrator Jim Bridenstine did not release a statement publicly implying that Boeing needs to devote the “same level of enthusiasm” to Starliner after the second fatal 737 MAX crash in March 2019. Nor did Bridenstine release a statement charging Boeing with a lack of focus after continuous reports of issues with the company’s KC-46 Pegasus tanker program, nor Boeing’s recent $9.2B US Air Force trainer jet contract, or myriad other corporate focuses.

A Boeing Starliner test article prepares for thermal vacuum (TVac) testing in January 2019. Starliner’s uncrewed orbital flight test (OFT) – comparable to Crew Dragon’s March 2019 DM-1 launch – is unlikely to occur until November or December 2019. (NASA)

On the other hand, as Musk noted in his relatively subtle September 28th responses to Bridenstine’s implicitly derisive comment, something like 50-80% of the entirety of SpaceX’s workforce and resources are focused on Crew Dragon, the Falcon 9 rockets that will launch it, or a combination of both. At present, Starship is – at most – a side project, even if its strategic importance to SpaceX is hard to exaggerate. The same is largely true for Starlink, SpaceX’s ambitious internet satellite constellation program. It may be true that Starship will eventually make Crew and Cargo Dragon (as well as Falcon 9 and Falcon Heavy) wholly redundant, but that is likely years away and SpaceX will support NASA – as it is contractually required to – for as long as the space agency has vested interest in using Crew Dragon.

At the same time, NASA has explicitly and publicly chosen to prioritize safety over schedule with the Commercial Crew Program, accepting the possibility of delays and cost overruns to ensure that SpaceX and Boeing can build the safest spacecraft possible.

In a September 28th interview with CNN, Musk bluntly noted that the hardware was – at this point in time – more or less ready for flight and will be on-site at SpaceX’s Pad 39A Florida launch site within the next two months. According to Musk, from then on, any additional launch delays can almost entirely be attributed to the paperwork and reviews NASA must complete before giving SpaceX the go-ahead. If Bridenstine wants SpaceX to launch astronauts sooner, one – and possibly the only – solution is to tackle the roadblocks created by NASA’s own self-enforced red tape. The question, then, is whether Bridenstine wants to cut away red tape that may (or may not) be there for good reason.

When the pot calls the kettle black

Detached from whining about a contractor’s CEO presenting about a non-NASA program, complaining about Commercial Crew delays is at least slightly more reasonable. Originally intended to launch as early as 2015, Congress systematically underfunded the Commercial Crew Program by more than 50% for over half a decade, dispersing $2.4B of the $5.8B NASA requested from 2011 to 2016. Unsurprisingly, this completely upended Boeing and SpaceX development schedules. By September 2014, SpaceX aimed to have Crew Dragon certified by NASA for astronaut transport before the end of 2017, but even then, NASA already saw that schedule as overly optimistic.

It would be another two years before Congress began to seriously fund Commercial Crew at its requested levels, beginning in FY2016. In response to Bridenstine, former NASA deputy administrator Lori Garver noted that over the ~5 years Congress consistently withheld hundreds of millions of dollars of critical funds from Commercial Crew, NASA’s SLS rocket and Orion spacecraft were just as consistently overfunded above and beyond their budget requests. From 2011 to 2016 alone, SLS and Orion programs requested $11B and received an incredible $16.3B (148%) from Congress, while Commercial Crew requested $5.8B and received $2.4B (41%).

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NASA’s SLS rocket seen in its Block 1 configuration with on Orion capsule on top. (NASA)

Ironically, despite literally receiving almost seven times as much funding as Crew Dragon and Starliner, SLS and Orion are arguably just as – if not more – delayed than their commercial brethren. Originally intended to launch an uncrewed test flight in 2017, there is now little to no chance that that mission (known then as EM-1 and now as Artemis-1) will launch before 2022, a delay of roughly half a decade. The cost of the SLS/Orion program recently crested $30B, a figure likely to grow to ~$40B before it has conducted a single launch. Of that funding, approximately a third has gone to Boeing, the primary contractor responsible for NASA’s comically-delayed SLS Core Stage – the orange booster pictured above.

The Commercial Crew development program will likely cost NASA $8B total over 9-10 years and produce two clean-sheet, high-performance, (relatively) low-cost crewed spacecraft. After their demonstration launches are completed, NASA will transition to fixed-price service contracts with SpaceX and Boeing to routinely send astronauts to the ISS several times per year.

Put simply, if Bridenstine actually cared about defending “the investments of the American taxpayer” more than wielding their sanctity as a political weapon, he wouldn’t have folded like a house of cards at the slightest resistance to his attempts to cull SLS/Orion delays and cost overruns, and he certainly wouldn’t be wasting breath complaining about what SpaceX’s CEO is or isn’t talking about.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

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Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

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Investor's Corner

Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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