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SEC continues to argue for Elon Musk’s “Twitter sitter” deal

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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. 

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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

The Teslarati team would appreciate hearing from you. If you have any tips, contact me at maria@teslarati.com or via Twitter @Writer_01001101.

Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Elon Musk

SpaceX and a new Trump order that could rewrite the next decade of launches

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Elon Musk put a number on where he thinks SpaceX’s Starship program is headed by 2030, replying on X a day after President Trump signed a memo pushing the country toward 1,000 space launches and reentries a year.

The exchange started when Aaron Burnett, co-founder of propulsion startup Mach 33, posted that “1,000 launches/reentries is the goal,” quoting White House science adviser Michael Kratsios on the newly signed National Space Transportation Policy. Burnett noted that the FAA’s own bull-case forecast reached only 385 annual launches by 2030, while his firm’s conservative model already put SpaceX alone near 940. Musk responded, “We’re aiming to reach 30+ Starship launches/day in 2030, which is ~10k annualized. Still tiny numbers compared to airplane flights!”

That figure is specific to Starship, the rocket SpaceX is still developing for orbital and lunar missions, not the Falcon 9 fleet that carries most of the company’s current launch volume. Starship has flown twice this year, a slower pace than the four and five flights SpaceX managed in 2024 and 2025. Getting from two flights a year to 30 a day is the scale of jump the new federal policy is meant to clear regulatory room for.

Trump’s memo, signed Thursday, directs agencies to identify new launch and reentry sites on federal land, including a new reentry site within 90 days, and to speed up the permitting and environmental reviews that have long slowed cadence growth. It also sets a goal of returning American astronauts to the moon by 2028 and placing initial lunar base elements by 2030, tying the launch buildout directly to NASA’s Artemis program.

SpaceX has already been pushing the FAA toward higher numbers on its own. The agency approved up to 44 annual Starship launches from Kennedy Space Center in February, on top of a 2024 review that raised the cap at Starbase in Texas to 25 a year. Those approvals cover a fraction of the 10,000 annual flights Musk is now describing, which shows how far current permitting still sits from the administration’s stated target.

The near-term test of all this is more modest. SpaceX cleared a full-duration, six-engine static fire on its next Starship vehicle this week, the last major hardware checkpoint before Flight 14, which is targeting no earlier than August 28 and is expected to attempt the vehicle’s first full orbital mission. Musk said last week that a tower catch of the upper stage is still probably months away, a reminder that the immediate roadmap remains far more incremental than the daily launch numbers he just posted.

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Tesla will resolve massive China recall with stickers and a software update

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tesla frozen door handle
Credit: YouTube | HMKARKI

Tesla will resolve its massive recall of nearly three million vehicles in China with stickers and a software update.

On Friday, Chinese regulators filed recall plans against Tesla, Xiaomi, Leapmotor, Xpeng, Chery, Geely, Dongfeng, Arcfox, and FAW to resolve what is essentially a carbon-copy issue throughout each of the companies’ vehicle models: emergency door release latches are simply not visible enough.

Tesla door handle saga gets its latest chapter and a big change is coming

The companies will be required to add things that will make these latches, which will open the door in the event of an emergency, more visible. Of the 7 million vehicles impacted, Tesla accounts for 2,975,910 units. More than 1.9 million of those are Model Y vehicles, with the rest, just over 970,000, being Model 3s.

To resolve the issue, Tesla is going to add warning labels to the emergency latches free of charge, and then utilize an Over-the-Air update to add a post-crash window-lowering strategy, according to CNEVpost.

This massive effort to fix the all-electric Model Y and Model 3’s emergency latch system comes just months after several probes across various markets identified the trouble some had identifying this latch. Those who had gotten involved in car accidents that stripped the vehicle of its power were not aware that every Tesla has emergency door latches.

China’s State Administration for Market Regulation (SAMR) said that severe crashes that disable a vehicle’s low-voltage system could not only hinder occupants from getting out, but also make it more difficult for emergency response workers to gain entry.

SAMR is starting to tighten the regulations it has on door handles on vehicles. A new mandatory national standard will take effect for all models starting January 1, 2027, and will require all doors to be equipped with mechanical release mechanisms. This will effectively end purely electronic door handles. Models already on sale with type approval have been granted a two-year transition period, which will enable things to change until January 2029.

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Tesla Semi is officially headed to Europe

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Credit: Tesla

Tesla has officially confirmed plans to bring its all-electric Semi truck to Europe, with full specifications and market-launch details set for unveiling at the IAA Transportation trade fair in Hannover, Germany.

The event runs September 15–20, with a possible press preview on September 14. The announcement, shared via Tesla’s Semi account, marks a significant expansion beyond North America nearly nine years after the truck’s original 2017 reveal.

In the United States, the Semi’s path has been gradual. Limited pilot production and customer deliveries began in late 2022, primarily to fleets such as PepsiCo. After years of refinement, high-volume manufacturing started on April 29, 2026, at a dedicated facility adjacent to Gigafactory Nevada.

The plant targets an annual capacity of 50,000 units, though the ramp is expected to be gradual, with “many thousands” of trucks projected by the end of 2026.

Demand is building, with recent orders including 500 units for Einride (deliveries starting September 2026, serving Amazon and others) and hundreds more from operators such as WattEV. Pricing stands at approximately $260,000 for the Standard Range and $290,000 for the Long Range before incentives.

Tesla Semi pricing revealed after company uncovers trim levels

Earlier in 2026, Tesla finalized production specifications that incorporated substantial updates. In February, the company detailed two variants designed for a full 82,000-pound gross combination weight.

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The Standard Range offers about 325 miles of range with a 548 kWh battery and curb weight under 20,000 pounds. The Long Range delivers roughly 500 miles with an 822 kWh pack and a 23,000-pound curb weight. Both use three independent rear-axle motors producing up to 800 kW (about 1,073 horsepower), achieve energy consumption of around 1.7 kWh per mile, and support megawatt-class charging at up to 1.2 MW—recovering about 60 percent of range in 30 minutes through the MCS standard.

Additional refinements include a roughly 1,000-pound weight reduction versus earlier prototypes, improved aerodynamics, a 48-volt electrical architecture, electric power take-off up to 25 kW for refrigerated trailers, and fleet management software with over-the-air updates.

These advances position the Semi as a competitive option against diesel trucks on operating costs and performance. For Europe, adaptations such as lighting, cab configurations (including potential sleeper options), and regulatory compliance are anticipated.

With series production underway in Nevada and major fleet commitments secured, the upcoming IAA reveal will clarify timelines, European-specific specs, and pricing, potentially accelerating electrification of heavy-duty freight on both continents.

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