Investor's Corner
Elon Musk stands his ground against SEC as Tesla heads towards historic Q3
Tesla was rocked on Thursday after news emerged that the SEC has filed a lawsuit against CEO Elon Musk over his tweets last August stating that he was considering taking the company private at $420 per share, and that he had “funding secured.” As Tesla feels the fallout resulting from the SEC’s lawsuit, details of the commissions’ filing, including a failed settlement with Musk and his legal team, are coming to light.
It should be noted that Elon Musk himself is the only entity named in the SEC lawsuit, not Tesla as a company. No criminal charges against Musk have been put forward as well. Nevertheless, several of the company’s skeptics have welcomed the news. Former GM executive Bob Lutz, for one, who recently claimed that Tesla is “headed for the graveyard” since it has “no tech advantage, no software advantage, and no battery advantage” against established automakers, noted in an email to the Los Angeles Times that Musk is “toast.” The steep 9.9% drop during after-hours trading also weighed down on Tesla stock (NASDAQ:TSLA) heavily, ironically dealing damage to the company’s investors.
A report published by the Wall Street Journal outlines a rather unique set of events that led up to the SEC’s decision to file a suit against Elon Musk. According to individuals reportedly familiar with the matter, the SEC had actually crafted a settlement for Elon Musk that was approved by the agency’s commissioners. Musk’s legal team reportedly called SEC’s lawyers in San Francisco on Thursday, stating that they were no longer interested in proceeding with the settlement. With this, the SEC reportedly rushed to craft a complaint against Musk, which was filed later during the day.
The reasons behind Elon Musk’s decision to walk away from a settlement with the SEC are yet to be revealed, but by doing so, Musk has taken on what could very well be his most dangerous legal battle to date. The SEC, after all, is not only demanding that Musk pay civil penalties; the commission is also demanding that he be prohibited from acting as an officer or director of a publicly-traded company. Musk, for his part, gave a brief statement to CNBC regarding the SEC’s lawsuit against him.
“This unjustified action by the SEC leaves me deeply saddened and disappointed. I have always taken action in the best interests of truth, transparency, and investors. Integrity is the most important value in my life, and the facts will show I never compromised this in any way,” Musk said.
Tesla’s Board of Directors has issued a statement expressing its full support for Elon Musk. The board’s statement, while brief, emphasized that apart from standing behind the beleaguered CEO, Tesla is focused on its fundamentals, particularly the ongoing Model 3 production ramp. Following is the Telsa Board of Directors’ statement about the SEC filing.
“Tesla and the board of directors are fully confident in Elon, his integrity, and his leadership of the company, which has resulted in the most successful U.S. auto company in over a century. Our focus remains on the continued ramp of Model 3 production and delivering for our customers, shareholders, and employees.”
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Considering that he opted to walk away from a settlement with the SEC, it appears that Elon Musk is once more choosing to pursue a more difficult path forward. Such tendencies are classic Elon Musk, though past announcements from the CEO do suggest that he foresaw adverse developments coming in Tesla’s direction. In a letter to the company’s employees earlier this month, for example, Musk urged employees to stand firm and focus on meeting its ambitious and self-imposed targets.
One of Tesla’s electric car assembly lines at its Fremont, CA factory.
“We are about to have the most amazing quarter in our history, building and delivering more than twice as many cars as we did last quarter. For a while, there will be a lot of fuss and noise in the media. Just ignore them. Results are what matter and we are creating the most mind-blowing growth in the history of the automotive industry,” Musk wrote.
Elon Musk’s statement in his letter to employees does not seem to be an exaggeration. In true Tesla fashion, the company is now in the process of delivering as many of its electric cars to as many reservation holders as possible. The Model 3 production ramp, which seems to have hit its stride since Tesla managed to hit its goal of producing 5,000 units per week at the end of Q2, appears to be going strong as well. Deliveries have also increased to the point where some owners of the company’s electric cars have volunteered to help out Tesla’s delivery centers by orienting new owners with the features and functions of their vehicles.
Tesla is aiming to produce and deliver more than 50,000 Model 3 this quarter. While such a number is ambitious, even longtime skeptics of the company such as Goldman Sachs analyst David Tamberrino have noted that Tesla’s production and delivery figures for Q3 2018 would likely be within the company’s target. Tesla board member Kimbal Musk also pointed out in a CNBC Closing Bell segment that “it’s really gonna blow people’s minds how many Model 3s are gonna appear in America in just the next couple of weeks.”
SpaceX stock did the opposite of what most of Wall Street expected this week, when the day designed to be its most dangerous turned into a rally, and the rally kept going.
Thursday marked the first major lockup expiration since SpaceX’s June IPO, making roughly 911.5 million insider held shares eligible to trade for the first time, more than doubling the company’s public float. Analysts and short sellers had spent weeks bracing for a flood of selling, especially after the stock fell 13 percent following its first earnings report as a public company on Tuesday. Instead, shares rose 6.1 percent Thursday to close at $114.92, and by Friday they were trading near $129, up more than another 12 percent on the day.
SpaceX shorts get warned by Musk ally, echoing Tesla’s early struggles
The setup made the outcome notable. Short interest had climbed to roughly 34 percent of the float heading into earnings, among the highest of any large cap stock, with about 95 percent of available shares to borrow already on loan. CEO Elon Musk warned short sellers twice in the weeks before the lockup, writing on X that “the survival probability of firms who maintain a significant short position in SpaceX over time is very low,” then following up on the morning of earnings with “I try to warn them, but they just double down.”
When the newly unlocked shares hit the market and the selloff never showed up, some of that short position appears to have started unwinding. TipRanks reported that options activity shifted toward bullish strategies like put selling and risk reversals following the rally, with roughly $600 million in options premium trading Thursday alone. Retail buyers also stepped in during the earnings dip, according to Vanda Research.
The fundamentals behind the stock have not changed much in a week. SpaceX’s revenue nearly doubled year over year to $7.8 billion, with Starlink subscribers doubling to 12 million and the company’s AI segment growing 247 percent. What spooked investors on Tuesday was the spending side. Capital expenditures jumped to more than $18 billion for the quarter, up from $2.8 billion a year earlier, with AI investment alone rising from $749 million to $15.8 billion. Wall Street remains split on whether that spending is building infrastructure SpaceX needs or outrunning what the business can currently support, a debate Teslarati has tracked since shares first came under pressure.
None of that resolves the bigger question hanging over the stock. Thursday’s release was only the first of nine staggered lockup tranches, with roughly $800 billion worth of additional shares scheduled to become eligible through October, and Musk’s own stake stays locked until next June. If this week is any indication, the market is treating that supply as something it can absorb rather than something to fear, at least for now.
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Cybertruck
Tesla Cybertruck production snaps back after ugly supplier fight
Cybertrucks are piling up again at Giga Texas after Tesla’s court win against a parts supplier.
Cybertruck production at Giga Texas is showing its first visible recovery since Tesla sued a supplier last month over withheld manufacturing tooling.
Aerial observer Joe Tegtmeyer flew over the Austin factory Wednesday morning and counted roughly 100 or more Cybertrucks filling the outbound lot, a sharp jump from the thin numbers seen in recent weeks. The flyover came a day after a judge granted Tesla a temporary restraining order against Angstrom Automotive Group, the parts supplier at the center of the dispute.
Tesla filed an emergency lawsuit in late July after Angstrom told the automaker it planned to close the Troy, Texas facility where Tesla’s die-cast tools, trim dies and other Cybertruck stamping equipment were housed. According to Tesla’s complaint, a shipment of 700 finished parts never left the building, and when Tesla sent representatives to retrieve its equipment, accompanied by law enforcement, they were turned away. Angstrom allegedly then asked for an extra $250,000 a week to keep operating, which Tesla’s filing described as holding its own property for ransom.
TESLA: U.S. District Judge Christopher R. Wolfe of the U.S. District Court for the Western District of Texas, Waco Division granted Tesla a Temporary Restraining Order and Writ of Replevin in its dispute with Angstrom Automotive (Case No. 6:26-cv-00477).
The order authorizes… https://t.co/E1DKcQSxMn pic.twitter.com/LR8aAiV2Og
— S.E. Robinson, Jr. (@SERobinsonJr) August 5, 2026
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The restraining order gives Tesla immediate right of entry to Angstrom’s facility to recover the tooling. It is temporary, with a fuller hearing still to come, but the speed of Wednesday’s rebound suggests the Angstrom shortage was indeed the main bottleneck limiting Cybertruck output. Outbound lot counts are an imperfect measure of actual production, since finished trucks can sit for days before shipping, but a lot that full after a lean stretch is a meaningful signal.
Cybertruck output at Giga Texas has fluctuated all year as Tesla worked through supply issues and introduced new trims, including a cheaper Dual Motor AWD version that drew strong early demand.
Venture capitalist Chamath Palihapitiya has cautioned investors shorting SpaceX shares, drawing a direct parallel to the intense short-selling pressure Tesla faced in its early public years.
Responding to reports of elevated short interest in the newly public rocket, satellite, and AI company, Palihapitiya noted that similar dynamics played out with Tesla, where aggressive short sellers ultimately “went broke.”
SpaceX (NASDAQ: SPCX) went public on June 12, 2026, in the largest IPO on record, pricing at $135 per share. Shares quickly surged to an all-time high of $225.64 just days later, briefly implying a valuation exceeding $2 trillion. The stock has since retreated sharply amid valuation concerns, lockup expiration fears, and broader market dynamics.
By early August, it traded near $108–$125, representing a roughly 50 percent decline from the peak and bringing the market capitalization closer to the $1.5–1.7 trillion range. On August 4, shares closed up more than 9 percent at $125.33 ahead of earnings before facing pressure in after-hours and premarket trading.
Short interest has climbed dramatically. According to S3 Partners data widely cited in market reports, short positions reached approximately 219.3 million shares by late July, about 34 percent of the limited public float of roughly 640 million shares, and represented a notional value of around $24.6 billion.
Utilization of shares available to borrow hit 95 percent, with borrow fees rising. This level of shorting exceeded the dollar value of short bets against Tesla at the time and built rapidly ahead of two catalysts: the company’s first post-IPO earnings and an August 6 lockup expiration that could free up to 911.5 million additional shares.
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CEO Elon Musk has issued warnings of his own. In mid-July, as short interest approached one-third of the float, he posted that “the survival probability of firms who maintain a significant short position in SpaceX over time is very low,” reiterating his view that the company could ultimately be worth more than Earth if it achieves its goals.
On August 4, just before earnings, Musk responded to the latest short-interest data by saying, “I try to warn them, but they just double down.”
SpaceX delivered its first quarterly results as a public company after the close on August 4. Second-quarter revenue rose 92 percent year-over-year to $7.8 billion, beating consensus estimates near $6.8–6.9 billion.
The net loss narrowed to $541 million, or 9 cents per share, better than the roughly 23–24 cent loss expected. Starlink/connectivity contributed about $4.3 billion (up 66 percent), while the AI business generated $2.6 billion (up roughly 250 percent). Capital expenditures were heavy at $18.4 billion, largely tied to AI infrastructure. Management projected a $100 billion annualized revenue run rate by year-end 2026 and outlined a path toward $1 trillion in annual revenue by 2030.
The combination of Chamath’s historical reminder, Musk’s repeated alerts, and the company’s ambitious growth targets underscores the high-stakes debate surrounding SPCX. Short sellers are positioned for near-term supply pressure from the lockup, while long-term bulls point to Starlink scale, Starship progress, and AI compute expansion as reasons the bears may ultimately face the same fate as many early Tesla skeptics.
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