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Elon Musk’s Twitter trial delay request denied, but addition of whistleblower complaint gets approval

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Elon Musk’s request to delay his trial against Twitter has been denied by a Delaware court. However, Musk’s request to include the claims put forth by whistleblower and former Twitter security chief Peiter “Mudge” Zatko in his countersuit against the social media company has also been approved.

The ruling was outlined by Chancellor Kathaleen McCormick in a letter. With this in mind, Elon Musk has gained a small win and a loss in his initial session with Twitter in court. Musk’s legal team had requested to push the trial back to mid-November, but with the rejection of the request, the trial is still expected to begin on October 17, 2022.

“Defendants’ motion to extend the case schedule is denied… In arguing that trial should be delayed by at least four weeks, Defendants contend that no external deadline creates any urgency. They observe that the merger agreement’s “termination date of October 24, 2022is automatically stayed if litigation is commenced, and debt financing has an outside date of April 25, 2023.”

“They adduce, therefore, that ‘any prejudice to Twitter can be easily mitigated by . . . continu[ing] the trial date.’ But the opposite is true. I previously rejected Defendants’ arguments in response to Twitter’s motion to expedite, making clear that the longer the delay until trial, the greater the risk of irreparable harm to Twitter. Indeed,Twitter has represented that the anticipated risk of harm has materialized over the course of this litigation.

“Twitter ‘has suffered increased employee attrition,’ which ‘undermin[es]the company’s ability to pursue its operations goals. The company has been forced for months to manage under the constrains of a repudiated merger agreement, including Defendants’ continued refusal to provide any consents for matters under the operating covenants. ‘I am convinced that even four weeks’ delay would risk further harm to Twitter too great to justify,” McCormick wrote.

But while Musk’s efforts to delay the trial were unsuccessful, the Tesla CEO’s efforts to augment his countersuit with former Twitter security chief Peiter Zatko’s whistleblower complaint were successful. Zatko had accused Twitter of fraud while also noting that the social media company did not really care to find out how many of its users were spam or fake accounts. Twitter, for its part, has been dismissive of Zatko’s whistleblower complaints.

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Twitter lawyers, during their session in a Delaware Chancery court on Tuesday, claimed that Zatko’s accusations do not meet the legal standard to nullify its merger contract with Musk even if they were true. Twitter’s legal team also noted that while Zatko did raise security concerns during his tenure with the company, Twitter investigated the issues internally and found that the security chief’s concerns were “without merit.”

McCormick, however, does not seem to agree with Twitter’s legal team on the issue.

“Defendant’s motion to amend is granted… The newly published Whistleblower Complaint would be grounds in most instances to permit an amendment under the low bar of Rule 15(a). Twitter argues that the amendment would be futile, but their arguments falter against the exceedingly movant-friendly standard of Rule 15(a). I am reticent to say more concerning the merits of the counterclaims at this posture before they have been fully litigated. The world will have to wait for the post-trial decision.

“Twitter also argues that the amendment would be prejudicial to the extent it would expand discovery and extend the case schedule, and Twitter’s arguments to this effect are far more forceful than Twitter’s futility arguments. But that prejudice can be mitigated by cabining additional discovery to the new allegations and maintaining the existing case schedule. So that is what I will do,” McCormick wrote.

Chancellor Kathaleen McCormick’s letter can be viewed below.

Letter Decision Resolving Defendants' Motion for Leave to Amend and Extend Case Schedule (003) by Simon Alvarez on Scribd

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Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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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Tesla launches improved Model 3 in China with V2L, new interior option

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Credit: Tesla

Tesla has launched its newest iteration of the Model 3 in China with a slew of new features, including the highly requested V2L (vehicle-to-load) feature and a new interior option.

The Model 3 now has a 16″ front touchscreen with improved resolution, a black headliner, V2L capabilities, Zen Grey interior in the Premium and Performance trims, as the White option has officially been discontinued, and 19″ Dark Nova Wheels, which are standard on the Model 3 Premium only.

The touchscreen in the U.S. version of the Model 3 is just 15.4″, so the newly upgraded screen is .6″ larger. Additionally, the Black Headliner, now standard on Model Y vehicles in the U.S., is coming to China.

Additionally, Tesla’s decision to end the white interior option has also made its way to the Asian market, as Zen Grey is the lighter color consumers can now go with. It is slightly different from the previously offered White option:

These options are available in China, Australia, and New Zealand as well, as Giga Shanghai serves those markets, bringing its mass-market vehicles to those countries in the South Pacific.

The Model 3 trims are now priced at:

  • Rear-Wheel-Drive – 235,500 yuan (~$35,000)
  • Long Range Rear-Wheel-Drive – 259,500 yuan ($38,700)
  • Long Range All-Wheel-Drive – 285,500 yuan (~$42,600)
  • Performance – 339,500 yuan (~$50,600)

These features have yet to make their way to the U.S., which might upset some buyers, but it is probably a good sign that Tesla will bring these changes to U.S. trims sometime next year. Potentially, these could come even sooner, as they could be used to stimulate demand for the year-end sales push.

Nevertheless, when things start at Giga Shanghai, they usually end up in the U.S. market. Tesla has also already started to install things like the Black Headliner and larger touchscreen in certain U.S.-built vehicles, so these things will be easy to implement across other vehicles in the lineup.

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The Pentagon taps Elon Musk to design the battlefield of the future

Hegseth named Elon Musk to help lead Project Meridian, a Pentagon study of future warfare.

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Elon Musk has a new role in the Trump administration. Defense Secretary Pete Hegseth announced on war.gov Wednesday that Musk will help lead Project Meridian, a new Pentagon study meant to identify the weapons and technologies the U.S. military will need to fight wars decades from now.

Hegseth unveiled the project during his State of the Force address at Marine Corps Base Quantico in Virginia. Musk will direct the effort alongside Anduril founder Palmer Luckey and former House Speaker Newt Gingrich, working under Pentagon Chief Technology Officer Emil Michael. All three men were in attendance, and Hegseth said their first meeting would take place directly after the speech inside a secure compartmented facility, according to The Hill.

Hegseth said the group “will be focused on discovering, developing, and fielding the weapons and systems that our children and our grandchildren will need in their lifetimes, without any creative limitations or restrictions, on any future battlefield, from under the Earth to beyond the Moon.” He added that Meridian is not meant to produce new strategy or policy documents.

SpaceX to become America’s Military data backbone for missiles, drones, and warfighters

A memo released after the announcement gives Michael until January 28, 2027, to deliver findings, a window of 120 days. It names artificial intelligence, autonomy, directed energy, robotics and biotechnology as the fields expected to change how wars are fought. The results will come as a public report with a classified annex. The memo says the study will run through a partner organization it does not name, and it does not mention Musk directly. His role comes from Hegseth’s speech and a Pentagon press release.’

Musk had not commented publicly on the appointment as of Wednesday evening. This will be Musk’s first official advisory role in the administration since he left DOGE last year.

The mandate overlaps heavily with Musk’s companies. SpaceX is one of the Pentagon’s largest contractors, with 2026 defense awards topping $8 billion, much of it tied to launches and a suspected Starshield buildout out of Vandenberg. The Pentagon’s release says Meridian will examine domains “from subterranean depths to the cislunar frontier,” which maps onto The Boring Company’s tunneling and Starship’s lunar plans. Tesla’s work on autonomy and Optimus falls within the fields the memo lists.

Meridian was one of six initiatives Hegseth announced Wednesday. Another is a new Autonomous Warfare Command, which the department wants operating as a four-star combatant command by October 1, 2027.

The news lands a day before SpaceX is scheduled to fly a classified National Reconnaissance Office payload on Falcon Heavy, one of three launches the company has planned for Thursday.

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SpaceX set to launch astronauts and a classified Falcon Heavy mission on the same day

SpaceX plans three launches Thursday, including Crew-13 astronauts and Falcon Heavy’s first classified NRO mission.

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Crew Dragon sits atop Falcon 9 at sunrise on Cape Canaveral's pad 40, less than a day before four astronauts are set to launch to the ISS. (Credit: SpaceX)
Crew Dragon sits atop Falcon 9 at sunrise on Cape Canaveral's pad 40, less than a day before four astronauts are set to launch to the ISS. (Credit: SpaceX)

SpaceX is lining up one of the busiest single days in its history, and the company offered a preview on Wednesday morning with a simple post on X: “Sunrise at pad 40.” The video and photos show Falcon 9 standing at Space Launch Complex 40 at Cape Canaveral, roughly a day before it is scheduled to carry four astronauts to the International Space Station.

That launch is only the first of three SpaceX missions planned for Thursday, October 1, across both coasts.

Crew-13 is targeting liftoff at 11:10 a.m. ET, with a backup opportunity Friday at 10:47 a.m. ET. NASA astronaut Jessica Watkins will command the mission, with NASA’s Luke Delaney as pilot and Canadian Space Agency astronaut Joshua Kutryk and Roscosmos cosmonaut Sergey Teteryatnikov serving as mission specialists. According to NASA, Dragon is set to dock with the forward port of the station’s Harmony module around 8 p.m. ET, less than nine hours after launch. Watkins is the only member of the crew who has flown before, and Kutryk will become the first Canadian to reach orbit through NASA’s Commercial Crew Program.

The Falcon 9 booster is flying for the third time after supporting Crew-12 and a Starlink mission, and it will attempt a landing at Landing Zone 40 beside the pad. That site made its debut in February when the Crew-12 booster touched down there, as Teslarati reported at the time. Crew-13 will relieve the Crew-12 astronauts, who have been aboard the station since the middle of February.

On the West Coast, another Falcon 9 is scheduled to lift off from Vandenberg Space Force Base in a window running from 2:18 to 3:16 p.m. ET, a flight NASASpaceflight lists as a Transporter rideshare mission.

The day is set to close at 11:53 p.m. ET, when Falcon Heavy launches from Launch Complex 39A with NROL-97, the first National Reconnaissance Office payload ever to fly on the rocket. SpaceX rolled the vehicle out to the pad Tuesday night. Its two side boosters, which previously flew GOES-U, ViaSat-3 F3 and NASA’s Roman Space Telescope, will return to Landing Zones 1 and 2, while a new center core will be expended in the Atlantic. The Roman launch took place on August 30, so NROL-97 will come barely a month later as Falcon Heavy’s third flight of 2026 and 14th overall.

NASA taps SpaceX to launch the telescope that could unlock new worlds

If all three Florida boosters land as planned, it would be the first time the Space Coast has seen landings at LZ-40, LZ-1 and LZ-2 on the same day, according to the Orlando Sentinel, which has warned residents in Brevard, Orange and Volusia counties that more than one sonic boom is possible.

The schedule arrives just three days after Starship reached orbit for the first time on Flight 14 from Starbase, Texas, deploying 26 Starlink V3 satellites. If Thursday’s missions stay on time, SpaceX will have flown Starship, Falcon 9 and Falcon Heavy from four different pads in about four days.

Crew-13 is also the start of a longer run for Dragon. NASA recently added Crew-15, Crew-16 and Crew-17 to SpaceX’s contract in a $946 million modification, keeping Dragon as the agency’s only operational ride to the station while Boeing’s Starliner remains grounded.

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