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Elon Musk’s Twitter tirade comes amid SEC probe on Tesla’s Model 3 production ramp

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Tesla shares (NASDAQ:TSLA) experienced a steep dive on Friday’s trading, dropping more than 7% amidst reports that U.S. District Court Judge Alison Nathan has asked Elon Musk and the Securities and Exchange Commission to justify the terms of their settlement over the CEO’s “funding secured” lawsuit. Also weighing down Tesla’s stock was Elon Musk’s latest Twitter session, where he seemingly trolled the SEC by dubbing the agency as the “Shortseller Enrichment Commission,” and then doubling down.

Update: Tesla CEO Elon Musk faces contempt claim from SEC over recent tweets

Musk’s latest round of tweets has polarized the Tesla community, as a number of retail investors began directly addressing their concerns to the CEO regarding his behavior and its effects on the price of TSLA stock. While Musk assured the community that they would be fine if they are invested for the long-term, several retail investors nonetheless informed the CEO that they had lost a considerable amount of money due to the apparent market-moving effects of his tweets. 

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While the reasons behind Elon Musk’s latest Twitter session are still up for question, some details about the CEO’s aggravation over the SEC appear to have been teased by FBN’s Charlie Gasparino. In a segment on Fox Business, Gasparino noted that sources close to Tesla’s legal team and the SEC had informed him that the agency is still investigating Tesla, not because of Elon Musk’s “funding secured” tweet, but over the company’s previous forecasts on the Model 3 production ramp and and the company’s profitability. 

“What we reported was from people close to the Tesla legal team and the Elon Musk legal team. What they’re telling us is that the SEC does continue to investigate Tesla. Remember, the “funding secured” thing is out of the way, but there’s an existing investigation that could take a bit longer. It involves Tesla and Elon Musk’s stated production goals for the Model 3 largely, and profitability; if those things match up to reality, and whether there’s a fraud case by saying ‘Hey, we’re gonna reach profitability, for example.’”

“The case focuses again on targets that Musk made and some of the other corporate executives as well, about when the Model 3 was gonna come out, how many were gonna be produced, and profitability. When Tesla was gonna be profitable. Remember, these goals have changed along the way. He’s now saying the third quarter should be profitable. We’ll see if it happens.”

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Gasparino noted that the SEC’s investigation into Tesla’s Model 3 production and profitability goals would likely be more challenging for the agency than its “funding secured” lawsuit against the CEO. In order to corner Musk and Tesla, the SEC would have to prove that the company knowingly misled investors about the Model 3 ramp. If Tesla or Elon Musk admits that it has honestly miscalculated the progress of the Model 3 ramp, the SEC would likely have a difficult time proving its case. Gasparino noted that his sources in the SEC had informed him that this other Tesla investigation would likely be a very “tough” venture for the agency.

“This is a much tougher case. While it still exists, it’s still problematic for the company; it’s a much tougher case than the other one. This is something that you literally have to go back, look at his statements, look at potential emails where they might be telling each other ‘Hey, we know this is BS, we’re just throwing it out there.’ That’s what the SEC is looking at. So this is a much tougher case, and that’s why the market looks like it’s coming off its lows on this, because people are saying ‘Maybe they got done with the other case, and that’s about it.’”

“This is where we are right now. We should point out that cases like this take months. They’re tough to prove. Very hard to prove that someone was specifically lying about a production goal. You could say “Listen, I thought we’re gonna produce that many Model 3, I thought we were gonna hit production profitability in the second quarter. I was wrong, I misinterpreted.”   That type of honest mistake, even though I think most CEOs know you shouldn’t say that sort of stuff. You try not to get forward-looking statements; you always run into problems. That is a tougher case then ‘funding secured,’ and you don’t have funding secured.

“I think if you’re betting that he might be, from a regulatory standpoint, largely out of the woods. I’m not saying he is. If you’re betting, I’m just saying these are tougher, tougher cases. And I can tell you, my sources inside the SEC are telling me that.”

There is no denying that Elon Musk’s Twitter twitter behavior has resulted in losses for Tesla’s investors once more. By the time markets closed on Friday, Tesla stock had lost the recovery it gained earlier in the week after the release of its impressive Q3 production and delivery numbers, as well as the announcement of Elon Musk and the SEC’s settlement. In this sense, Elon Musk’s decision to poke the agency seems like a miscalculation at best.

That said, if the seasoned journalist’s sources are correct and the SEC is still pursuing Tesla over its Model 3 goals, at a time when production of the electric sedan is hitting its stride and the vehicle is getting warmly received by consumers, then Elon Musk’s aggravation becomes a bit more understandable. Nevertheless, with millions in the Tesla community investing their hard-earned money to support the company, then it seems safe to say that Elon Musk should have known better.

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Watch Charlie Gasparino’s segment on Fox Business in the video below. 

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Investor's Corner

Tesla investors want answers to these five questions during Q3 Earnings

These are the top five questions that have been asked and voted for by investors of the company, and what we think about them.

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Credit: Tesla

Tesla (NASDAQ: TSLA) is preparing to report its earnings for the third quarter of 2025 this afternoon. Investors are looking for answers regarding the Robotaxi launch, energy division, potential future vehicle releases, Optimus, and demand stimulation without the tax credit.

Using the investor platform Say, Tesla allows investors to ask questions for the earnings call.

Tesla Q3 2025 earnings: What analysts expect

These are the top five questions that have been asked and voted for by investors of the company, and what we think about them:

  • What are the latest Robotaxi metrics (fleet size, cumulative miles, rides completed, intervention rates), and when will safety drivers be removed? What are the obstacles still preventing unsupervised FSD from being deployed to customer vehicles?
    • What we think: Tesla should release some metrics about Robotaxi operation, but it has been cryptic about fleet size and other statistics in the past. Additionally, CEO Elon Musk said Safety Drivers should be removed ‘by the end of the year,’ and we imagine this will be reiterated during the call. Regarding Unsupervised FSD, Tesla has stated that safety is its priority moving forward with the FSD rollout and Robotaxi as well.

 

  • What is demand/backlog for Megapack, Powerwall, Solar, or energy storage systems? With the current AI boom, is Tesla planning to supply power to other hyperscalers?
    • What we think: This is perhaps the only question of the five that Tesla will be totally forthcoming with, as it usually does not reveal vehicle plans or data on these earnings calls. However, it will be interesting to see if the company has any plans to supplement the increasing AI plans with its energy products. Energy falls under the radar with a lot of its achievements, so it really could be a major focus of this call if this question gets answered.

 

  • What are the plans for new car models? Will Tesla build compact car models leveraging the unboxed Cybercab platform? Will Tesla build a traditional SUV and pickup truck on the Cybertruck platform?
    • What we think: Tesla does not unveil or release plans about projects on earnings calls, so we doubt there will be much color here from executives. Considering Tesla has put so much weight on autonomy in the U.S., we’re not necessarily convinced it will plan to do much more than Cybercab, and SUV and pickup trucks will likely be built on a different platform as well, if they’re offered at all. Musk isn’t sure about bringing the Model Y L to the U.S. market due to the “advent of self-driving.”

 

  • What are the present challenges in bringing Optimus to market, considering app control software, engineering hardware, training general mobility models, training task-specific models, training voice models, implementing manufacturing, and establishing supply chains?
    • What we think: This will likely be where Tesla teases the capabilities of Optimus Gen 3, and comes up with some sort of rough date where it could show off the new design. Tesla has been using Optimus in its factories and other internal operations, so it’s likely we’ll hear some stories about that as well. Tesla is looking to refine the Optimus design so it is useful and capable in residential applications, and its hands are likely the biggest bottleneck as they are arguably the most crucial part of the product.

 

  • Can you talk about demand stimulation avenues beyond affordability? Given the state of global politics, can Tesla’s brand elevate above the divisiveness and return global perception back to our inspirational roots of ludicrous performance, environmental good, and superior safety?
    • What we think: Tesla is going to flex its new Standard offerings now, and the company has been transparent that Musk’s political involvement will wind down in a timely manner, according to the proxy it released when it revealed his pay package. 
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Elon Musk

“Take Back Tesla:” Unions and corporate watchdogs launch campaign against Musk’s 2025 pay package

A new shareholder campaign is calling for Tesla investors to vote against Elon Musk’s proposed 2025 CEO Performance Award.

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Wcamp9, CC BY 4.0 , via Wikimedia Commons

A new shareholder campaign is calling for Tesla investors to vote against Elon Musk’s proposed 2025 CEO Performance Award, arguing it would deepen governance risks and weaken corporate accountability.

Ahead of Tesla’s Q3 2025 earnings report, a coalition of unions and watchdogs launched the “Take Back Tesla” initiative, urging investors to reject Musk’s pay proposal at next month’s annual meeting. The plan would grant the CEO additional shares worth nearly $1 trillion over ten years, expanding his ownership stake in the company to about 25%.

Unions and watchdogs argue that Elon Musk’s proposed plan rewards distraction

The Take Back Tesla campaign is backed by groups such as the American Federation of Teachers, Public Citizen, Americans for Financial Reform, Ekō, People’s Action, and Stop the Money Pipeline. 

As could be seen on the campaign’s website, the groups are arguing that Musk’s focus on political ventures and external businesses has distracted him from leading Tesla. The group’s website called Musk’s new CEO Performance Award “outrageous” as it involves an amount of wealth that is unreachable even by today’s top executives.

“In order to unlock the full amount of shares proposed in this compensation plan, Tesla’s value would need to increase dramatically to $8.5 trillion. As Tesla’s proxy statement points out, that would make Tesla roughly 2x as valuable as the most valuable company in the world (Nvidia) today. Arguably, growing Tesla’s value to double the value of Nvidia would justify paying Musk something like double the compensation of Nvidia’s CEO. 

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“But the annual value of Musk’s trillion dollar pay package isn’t just 2 times what Nvidia’s CEO made last year (just under $50 million); it’s more than 2,000 times what Nvidia’s CEO made last year. At his current compensation of $49.9 million, it would take Nvidia’s CEO over 2,000 years to earn the amount that Elon Musk could earn, on average, per year for the next ten years,” the group argued.

Board defends package as necessary, though some pushback is present

Tesla’s board insists the compensation plan is essential to retain Musk and sustain the company’s innovation in AI, robotics, and self-driving technology. The automaker noted that previous skepticism from proxy firms such as ISS and Glass Lewis preceded a 20x rise in Tesla’s market capitalization since 2018, a feat that seemed unrealistic when it was proposed.

As noted in a CNBC report, New York City Comptroller Brad Lander, who oversees a $300 billion pension fund, stated that while Tesla has been a great investment, he “vociferously opposes” Elon Musk’s proposed 2025 CEO Performance Award. 

“Most of the time we’ve held Tesla stock, it has been a solid investment, it’s grown over time, and that’s why we haven’t chosen to dump it, he said, adding that he views Tesla’s Board as “insufficiently independent” since they have allowed Musk to be “absentee CEO.” Landers also argued that Tesla as a whole has failed to hit its targets when it comes to its Robotaxi program and its Full Self-Driving technology.

For context, Elon Musk has maintained that his 2025 CEO Performance Award is not designed for him to gather even more wealth. Instead, he stressed that it is required so that he could take a controlling stake in the company.

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Investor's Corner

Tesla Q3 2025 earnings: What analysts expect

The automaker delivered a record 497,099 vehicles and logged its highest-ever energy storage sales in Q3 2025. 

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Credit: Tesla China

Tesla’s (NASDAQ:TSLA) Q3 2025 earnings, which would be released after markets close today, could prove to be a test of confidence for the company’s shareholders. 

The automaker delivered a record 497,099 vehicles and logged its highest-ever energy storage sales, but analysts noted that these gains might have come at a cost. 

Record vehicle deliveries

Tesla’s profit per share is expected to fall about 25% year over year to around $0.53–$0.55, even as revenue rises from 4% to 6%, as noted in a report from Market Pulse. Analysts noted that Tesla’s record quarter was partly fueled by buyers rushing to complete purchases before the U.S. federal EV tax credit expired in September, a surge that could dampen Q4 demand. The company also dipped into its inventory to reach the record delivery number.

Analysts expect automotive gross margin (excluding regulatory credits) to land between a conservative 16.5% and 17%. This suggests that a good portion of Tesla’s Q3 delivery growth came from aggressive price cuts. If margins fall below 16.5%, it could hint at more cost pressures that the company would have to handle in the coming months.

Tesla’s Energy segment, meanwhile, is expected to act as a stabilizer. The business deployed 12.5 GWh of storage in Q3, driven by strong demand from AI data centers. Analysts expect this high-margin division to partially cushion the hit from the automaker’s thinner car profits.

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AI, FSD, and Musk’s role

Tesla’s lofty valuation, trading about 17% above the average analyst consensus of $365, would likely depend heavily on investor belief in its AI and robotics initiatives. Industry watchers have stated that management must deliver credible updates on Full Self-Driving and the Robotaxi program to help justify the company’s current valuation.

Elon Musk’s proposed 2025 CEO Performance Award, which proxy advisors have urged shareholders to reject, would likely be discussed in the Q3 2025 earnings call has well. Musk has hinted that a failed vote could jeopardize Tesla’s AI strategy, making the company’s upcoming results quite crucial for market confidence.

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