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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Elon Musk
Elon Musk’s Boring Company lands a new Middle East deal, and Nashville is about to get faster
The Boring Company signs Abu Dhabi tunnel agreement while adding more Prufrock machines in Nashville.
The Boring Company has signed an agreement with Abu Dhabi to study underground transport and utility tunnels across the emirate, adding a second UAE city to its pipeline as it prepares to also scale up tunneling back home in Nashville.
The deal was signed Thursday at the Liveability and Investment Exhibition (LIVEX 2026) by Boring Company President Steve Davis and Maysarah Mahmoud Salim Eid, director general of the Abu Dhabi Projects and Infrastructure Centre (ADPIC), according to the Abu Dhabi Media Office. Mohamed Ali Al Shorafa, chairman of the emirate’s Department of Municipalities and Transport, attended the signing.
Under the agreement, the two sides will assess feasibility, delivery and operating models for tunnels that could carry passengers or utilities. They will also look at Abu Dhabi’s potential as a regional hub for tunneling work. The current phase is exploratory, and no construction commitment or project budget has been announced.
“Abu Dhabi provides an ideal environment to explore the next generation of underground infrastructure solutions, supported by its ambitious growth vision and strong commitment to advanced technologies,”
Davis said. He added that the company wants to assess how tunnels can “expand urban capacity more efficiently, and enable better use of available space.”
The timing lines up with the money, considering last month, The Boring Company closed a $3 billion Series D led by the UAE and affiliated investors, valuing the company at $23 billion, as Teslarati reported. That round came with a commitment to build more than 150 kilometers of tunnel across the UAE, separate from the Dubai Loop pilot already under contract with Dubai’s Roads and Transport Authority. That pilot covers 6.4 kilometers and four stations linking DIFC and Dubai Mall at a cost of about $154 million.
Back home, The Boring Company projects in Nashville are also scaling up, with the company telling local NewsChannel 5 that a third Prufrock machine could start digging the Music City Loop in late October. A fourth is also targeted before the end of the year. Two machines are already mining Nashville limestone at the same time, and work is underway on a new launch site for the third.
The company said it has made more than 300 design and performance upgrades to its original Nashville machine. It is also working with property owners on more than 40 planned stations, with approvals in place for a future Nashville International Airport connection, a downtown station near the Music City Center, and stops at residential towers and the JW Marriott.
Construction on the Music City Loop began the same evening Tennessee and federal regulators approved the project’s lease in February, and the company targeted its first operational segment for late 2026. Back in Las Vegas, The Boring Company has said it plans to double its Vegas Loop station count by year’s end.
News
SpaceX brings four astronauts home after 8 months in space, and the return was flawless
SpaceX Crew Dragon Freedom returned four Crew-12 astronauts home after 237 days aboard the station.
Four Crew-12 members are back on Earth after 237 days at the International Space Station. SpaceX’s Crew Dragon Freedom splashed down in the Pacific Ocean about 50 miles west of Los Angeles at 11:34 a.m. ET on Thursday.
NASA astronauts Jessica Meir and Jack Hathaway, ESA astronaut Sophie Adenot, and Roscosmos cosmonaut Andrey Fedyaev landed one day after undocking from the station’s Harmony module at 8:05 a.m. ET on Wednesday. NASA confirmed the splashdown minutes later. SpaceX had flagged the 27.5 hour trip home on X while Dragon was still firing its departure burns away from the station.
The descent ran on schedule when Freedom started a nine minute deorbit burn at 10:46 a.m. ET, then hit the thicker atmosphere about 36 minutes later at nearly five miles per second. Chutes deployed at around 18,000 feet, and four main parachutes brought the capsule down to roughly 15 mph at splashdown.
SpaceX fast boats secured Dragon before the recovery ship Shannon hoisted it onto the deck with the crew still inside. Flight surgeons on board ran initial medical checks. All four crew members will be flown ashore by helicopter and then head to NASA’s Johnson Space Center in Houston for rehabilitation.
Splashdown of Dragon confirmed! https://t.co/P2o7A3Gytf
— SpaceX (@SpaceX) October 8, 2026
Crew-12 launched on February 13 from Space Launch Complex 40 at Cape Canaveral, a flight that also marked the first Falcon 9 booster landing at SpaceX’s new LZ-40 pad. Over the mission, the crew completed 3,792 orbits, covered nearly 101 million miles, and carried out four spacewalks to maintain and upgrade the station.
Meir now has 440 cumulative days in space, which places her in NASA’s top 10. This was the first spaceflight for Hathaway and for Adenot, a French Air Force colonel and former helicopter pilot. Fedyaev, who spent 186 days in orbit on Crew-6 in 2023, has now flown two long duration Dragon missions.
The return closes out a busy stretch of Dragon traffic. Crew-13 arrived on October 1 aboard Crew Dragon Grace, which docked just 7 hours and 55 minutes after liftoff, the fastest launch to docking of any U.S. spacecraft in ISS history. Commander Jessica Watkins, pilot Luke Delaney, Canadian Space Agency astronaut Joshua Kutryk, and cosmonaut Sergey Teteryatnikov remain aboard alongside the three person Soyuz MS-29 crew.
With Crew-12 gone, the port is clear for CRS-35, a cargo Dragon carrying the final pair of ISS Roll-Out Solar Arrays. NASA is holding a post-splashdown teleconference at 1:15 p.m. ET covering both the crew’s return and the upcoming cargo launch.
Elon Musk
Elon Musk shuts down talk of TSMC taking over Terafab
Musk says Tesla and SpaceX will build and run Terafab, with TSMC limited to renting.
Elon Musk has drawn a firm line around who will be in charge of Terafab, the giant chip factory Tesla and SpaceX are planning in Texas.
Musk replied to a post on X arguing that Taiwan Semiconductor Manufacturing Company (TSMC) would most likely end up owning and operating the plant. “No, we will build and run the fab. Let there be ZERO doubt about that,” Musk wrote. “Maybe TSMC subleases part of the Terafab if they want, but nothing more than that.”
In plain terms, a sublease means TSMC could rent a section of the complex to make chips, similar to a tenant renting one floor of an office tower. The building, the equipment decisions and the daily operation would stay with Tesla and SpaceX.
@herbertong @thejefflutz No, we will build and run the fab. Let there be ZERO doubt about that.
Maybe TSMC subleases part of the Terafab if they want, but nothing more than that.
— Elon Musk (@elonmusk) October 7, 2026
The comment shuts down speculation that started last week. On October 2, tech journalist Tim Culpan reported that TSMC was exploring ways to help run Terafab’s factories. Musk responded the next day that it was “just discussions, but something may come of it,” as Teslarati reported at the time. That left room for a scenario where the world’s largest contract chipmaker took the wheel. Musk’s latest post closes that door.
Some background helps explain why this matters. Tesla designs its own AI chips today but pays outside companies like TSMC and Samsung to manufacture them. Musk unveiled Terafab in March as a joint project between Tesla, SpaceX and xAI, arguing that existing suppliers cannot expand fast enough to meet his companies’ future demand. The goal is to produce enough chips each year to supply one terawatt of computing power, roughly 50 times what the entire global AI chip industry produces now.
Those chips are meant for Tesla’s Optimus humanoid robots, the Cybercab and Full Self-Driving computers, along with chips for SpaceX’s planned data centers in orbit. Owning the factory means Musk’s companies would not have to compete with every other chip customer for time on someone else’s production lines.
Intel is still part of the picture. The company signed on in April to help design, build and package chips for the project, and CEO Lip-Bu Tan told Bloomberg this week that Intel will keep working on Terafab despite the TSMC chatter.
The project moved from concept to construction planning over the summer. In August, SpaceX confirmed the Grimes County site about an hour from Houston, sent the county a $10 million payment under its tax abatement deal and said civil work would begin shortly. The first phase carries a $16.8 billion price tag, and total spending across all phases could reach as much as $119 billion.
TSMC chairman C.C. Wei has said a new fab typically takes two to three years to build and another one to two years to reach full output. Tesla and SpaceX have never run one, which is why TSMC’s expertise drew so much attention. Musk’s answer suggests he would rather learn that process in house than hand control of a project this central to Tesla’s robotics and autonomy plans to an outside company.
Terafab Texas will be the largest and most valuable building on Earth by far.
And it will be stunningly beautiful. https://t.co/4NweOqTL7y
— Elon Musk (@elonmusk) August 6, 2026
Elon Musk’s Boring Company lands a new Middle East deal, and Nashville is about to get faster
SpaceX brings four astronauts home after 8 months in space, and the return was flawless
Elon Musk shuts down talk of TSMC taking over Terafab
The Pentagon taps Elon Musk to design the battlefield of the future
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