A recent letter from the US Securities and Exchange Commission (SEC) states that Tesla lawyers must still pre-approve Elon Musk’s company-related tweets, even though the billionaire won the case centered on his infamous “funding secured” tweet in 2018.
In a letter to the US Court of Appeals for the 2nd Circuit in New York, the SEC argued that Musk’s earlier settlement with the agency is constitutional and valid. Musk’s settlement followed an SEC investigation into the CEO’s “funding secured” claims in 2018. It was also agreed that tweets containing material Tesla-related information would be reviewed by a lawyer — fondly dubbed the CEO’s “Twitter Sitter” by the internet — before Musk posts them.
Elon Musk’s legal team submitted a brief to a court of appeals in September 2022, seeking relief from what they alleged was a “government-imposed muzzle” that inhibits the CEO’s speech. The appeal came a month after a federal judge denied Musk’s motion to terminate his settlement provision with the SEC.
Earlier this month, a jury found that Elon Musk and Tesla were not liable in a class-action securities fraud trial centered on the CEO’s “funding secured” tweet. Musk’s lawyers then argued earlier this week that the jury verdict should be considered in an appeal against the CEO’s SEC settlement provision.
“In light of the jury finding that Mr. Musk’s tweets did not violate Rule 10b-5, the SEC lacks support both for the consent decree itself and for its arguments on appeal. The verdict provides further reason why the public interest in avoiding unconstitutional settlements easily subsumes the SEC’s purported stake in the consent decree,” Alex Spiro, one of Musk’s lawyers, wrote.
The SEC has responded to Musk’s legal team, arguing that the findings of the jury in a private securities-fraud action does not identify a “pertinent and significant” authority. The SEC also argued that Musk is “reading too much” into his jury verdict.
Following is the SEC’s response.
“Appellant Elon Musk’s letter notifying this Court about a jury verdict in a private securities-fraud action does not identify a ‘pertinent and significant’ authority. Musk waived his opportunity to test the Commission’s allegations at trial when he voluntarily agreed (twice) to a consent judgment. The district court properly rejected his request to alter the judgment because there were no “significant” changes in factual conditions or the law that justified relief under Rule 60(b)(5). Musk asserts that the consent judgment now “lacks support” given “the jury’s finding,” but this is a non-sequitur; the consent judgment was not conditioned upon the outcome of the private litigation.
“Even if the verdict were somehow relevant, Musk reads too much into it. The Commission had no role in that case. Unlike in a Commission action, the private plaintiff had to prove reliance, loss causation, and damages, In re Tesla , Dkt. 655, at 7-17 (jury instructions), and it is unknown whether the verdict turned on elements that would not burden the Commission at trial, id. , Dkt. 671, at 2-3 (verdict form). Moreover, the court instructed the jury to assume that Musk’s tweets “were untrue,” which confirms the discrete point the Commission was making when it referenced the private action in its brief. Id., Dkt. 655, at 7-8.
“Ultimately, the verdict has no bearing on whether the district court correctly declined to grant the extraordinary remedy of altering Musk’s consent judgment years after entry. The verdict says nothing about the continuing public interest in a negotiated settlement term that does not preclude Musk from tweeting accurately about Tesla or other topics, but rather requires Tesla to review Musk’s Tesla-related communications before publication, including through Musk’s Twitter feed—a communication channel designated by Tesla for disclosure. And the verdict does not justify the inapt application of the ‘unconstitutional conditions’ concept to settlements, even if this Court were to overlook Musk’s forfeiture of any arguments regarding that concept,” the SEC wrote.
It remains to be seen whether the court will uphold or dismiss the letter submitted by Musk’s legal team. The appeal is expected to be heard in the spring, although an exact date has not yet been scheduled.
627605104 Letter From US Securities Exchange Commission Feb 22 2023 by Maria Merano on Scribd
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News
Tesla Model Y has become the most common vehicle in Norway
The Tesla Model Y passed more than 70,000 registrations recently.
The Tesla Model Y has become the most common car on Norwegian roads. This is a remarkable achievement for the all-electric crossover, which has also commanded the top spot in Norway’s vehicle sales rankings for several years running.
Model Y Domination
As per vehicle registration figures tracked by the Norwegian Road Traffic Information Council (OFV), there were 68,378 Model Ys with Norwegian license plates at the end of March/beginning of April 2025. In recent weeks, the Model Y passed more than 70,000 registrations, as per a report from Elbil24.
With the Model Y now becoming the most common car in Norway, the Toyota Rav4 now stands in second place, followed by the Nissan Leaf, the Volkswagen Golf, and the Toyota Yaris. The Model Y also topped the country’s vehicle registration rankings for the last three years, and it set a record for selling the most vehicles in a year in 2023, breaking the Volkswagen Beetle’s record that has stood since 1969.
Possibly More Momentum
It is undeniable that the Tesla Model Y has helped Norway push its electric vehicle transition. As of date, electric vehicles now account for 28% of the Norwegian car fleet, a notable portion of which is comprised of the all-electric crossover.
While the Model Y’s achievements in Norway have been impressive, the vehicle could expand its reach into the country even more this year. Tesla, after all, has been aggressively pushing the new Model Y to consumers, with the company offering a zero percent interest promotion for the vehicle. These efforts, as well as the new Model Y’s improved features, should make the vehicle even more compelling to Norwegian car buyers this year.
Elon Musk
Tesla Board Chair slams Wall Street Journal over alleged CEO search report
Denholm’s comments were posted by Tesla on its official account on social media platform X.
Tesla Board Chair Robyn Denholm has issued a stern correction to The Wall Street Journal after the publication posted a report alleging that the electric vehicle maker’s Board of Directors opened a search for a new CEO to replace Elon Musk.
Denholm’s comments were posted by Tesla on its official account on social media platform X.
The WSJ’s Allegations
Citing people reportedly familiar with the discussions, the WSJ alleged that Tesla Board members reached out to several executive search firms to work on a formal process for finding Elon Musk’s successor. The publication also alleged that tensions had been mounting at Tesla due to the company’s dropping sales and profits, as well as the time Musk has been spending with DOGE.
The publication also alleged that Elon Musk had met with the Tesla Board about the matter, and that members told the CEO that he needed to spend more time on Tesla. Musk was reportedly instructed to state his intentions publicly as well. The CEO did not push back against the Board, the WSJ claimed.
Elon Musk did announce that he is stepping back from his day-to-day role at the Department of Government Efficiency during the Tesla Q1 2025 earnings call. Musk’s announcement was embraced by Tesla investors and analysts, many of whom felt that the CEO’s renewed focus on the EV maker could push the company to greater heights.
Tesla and Musk’s Response
In response to The Wall Street Journal’s report, Tesla’s official account on X shared a comment from its Board Chair. In her comment, Denham noted that the WSJ‘s report was “absolutely false.” She also highlighted that Tesla had communicated this fact to the publication before the report was published, but the Journal ran the story anyway.
“Earlier today, there was a media report erroneously claiming that the Tesla Board had contacted recruitment firms to initiate a CEO search at the company. This is absolutely false (and this was communicated to the media before the report was published). The CEO of Tesla is Elon Musk and the Board is highly confident in his ability to continue executing on the exciting growth plan ahead,” Denholm stated.
Elon Musk himself commented on the matter, stating that the publication showed an “extremely bad breach of ethics” since the report did not even include the Tesla Board of Directors’ denial of the allegations. “It is an EXTREMELY BAD BREACH OF ETHICS that the WSJ would publish a DELIBERATELY FALSE ARTICLE and fail to include an unequivocal denial beforehand by the Tesla board of directors!” Musk wrote in a post on X.
Elon Musk
Elon Musk is now a remote DOGE worker: White House Chief of Staff
The Tesla and SpaceX CEO Elon Musk is no longer working from the West Wing.
In a conversation with the New York Post, White House Chief of Staff Susie Wiles stated that Tesla and SpaceX CEO Elon Musk is no longer working from the West Wing.
As per the Chief of Staff, Musk is still working for DOGE—as a remote worker, at least.
Remote Musk
In her conversation with the publication, Wiles stated that she still talks with Musk. And while the CEO is now working remotely, his contributions still have the same net effect.
“Instead of meeting with him in person, I’m talking to him on the phone, but it’s the same net effect,” Wiles stated, adding that “it really doesn’t matter much” that the CEO “hasn’t been here physically.” She also noted that Musk’s team will not be leaving.
“He’s not out of it altogether. He’s just not physically present as much as he was. The people that are doing this work are here doing good things and paying attention to the details. He’ll be stepping back a little, but he’s certainly not abandoning it. And his people are definitely not,” Wiles stated.
Back to Tesla
Musk has been a frequent presence in the White House during the Trump administration’s first 100 days in office. But during the Q1 2025 Tesla earnings call, Musk stated that he would be spending substantially less time with DOGE and substantially more time with Tesla. Musk did emphasize, however, that DOGE’s work is extremely valuable and critical.
“I think I’ll continue to spend a day or two per week on government matters for as long as the President would like me to do so and as long as it is useful. But starting next month, I’ll be allocating probably more of my time to Tesla and now that the major work of establishing the Department of Government Efficiency is done,” Musk stated.
Tesla Model Y has become the most common vehicle in Norway
Tesla Board Chair slams Wall Street Journal over alleged CEO search report
Elon Musk is now a remote DOGE worker: White House Chief of Staff
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