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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. 

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“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. 

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“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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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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Cybertruck

Tesla Cybertruck chosen by Kazakhstan’s elite security force: here’s why

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Tesla Cybertruck was chosen by a Middle Eastern government agency because of its capability, safety, and other advantages that it offers over traditional pickups.

In a striking display of futuristic security technology, Kazakhstan’s State Guard Service has integrated Tesla Cybertrucks as mobile command-and-control vehicles for the Informal Summit of the Organization of Turkic States, held today in Turkistan.

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The deployment, announced by Teslarati on May 14, marks one of the first known instances worldwide of the electric pickup truck being used in official state security operations.

The Cybertrucks are supporting a range of real-world tasks, including rapid response, field coordination, communications, and command functions.

Officials highlighted the vehicles’ suitability for the challenging mountainous terrain around Almaty, where superior off-road mobility allows them to navigate rugged landscapes that might challenge conventional vehicles. Their quiet electric operation enables discreet deployment, while the high onboard power output provides sustained energy for communications equipment and external devices—critical during a high-profile international gathering.

The summit brings together leaders from Turkic-speaking nations to discuss cooperation in politics, economy, and culture. Against this backdrop, the Cybertrucks stand out not only for their angular, stainless-steel exoskeleton and imposing presence but also for their practical advantages in modern security protocols.

This move underscores Kazakhstan’s push toward innovative and sustainable solutions in public safety. The Cybertruck, Tesla’s rugged all-electric pickup, was designed from the ground up for versatility, boasting impressive range, durability, and power capabilities that align well with governmental needs.

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By choosing the vehicle, Kazakh authorities signal confidence in electric mobility even for demanding operational roles—potentially setting a precedent for other nations exploring green alternatives to traditional fleet vehicles.

Tesla Cybertruck too safe for even Musk’s biggest critics to ignore

As the summit unfolds on May 15, the presence of Cybertrucks symbolizes a broader shift: electric vehicles transitioning from consumer roads to critical infrastructure.

For Tesla, the development offers valuable real-world validation of the Cybertruck’s capabilities beyond civilian use. For Kazakhstan, it blends cutting-edge American engineering with national security priorities, creating a memorable visual and functional statement at this landmark regional event.

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Tesla grabs massive Las Vegas warehouse for interesting Cybercab project

Tesla quietly filed plans to build the Cybercab car wash, and on May 12, the company submitted a permit to begin renovating the “Tesla Center Cybercab Phase 2 Car Wash,” documents show.

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Credit: TechOperator | X

Tesla is beginning to construct what will be an incredibly unique project, as it is now building a 36,000-square-foot car wash just for the Cybercab in Clark County, Nevada, near Las Vegas.

Tesla quietly filed plans to build the Cybercab car wash, and on May 12, the company submitted a permit to begin renovating the “Tesla Center Cybercab Phase 2 Car Wash,” documents show.

This is not just some ordinary car wash. Instead, it’s a dedicated, high-tech maintenance hub built specifically for Tesla’s ride-hailing vehicle and the many units that will be in the fleet.

According to the permit documents, which were first spotted by MarcoRP, a Supercharger observer on X, the work involves upgrading and updating the interior and exterior of an existing 36,000-square-foot facility. Crews will construct a full car-wash enclosure, relocate tire-service equipment, and install new power raceways.

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Every camera on a Tesla Cybercab must stay clean, and without a human driver to perform manual maintenance on the vehicle, this Cybercab-specific car wash will be crucial in keeping the fleet operational, safe, and effective.

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Tesla has spent years perfecting unsupervised FSD, and the Cybercab – unveiled last year as a driverless, two-seater purpose-built for ride-hailing – is the physical embodiment of that vision. Industry skeptics have long questioned how a massive Robotaxi network could scale without drivers handling basic upkeep.

Tesla just answered them with a permit filing. Sources close to the project suggest this could be the first of several such hubs, with whispers of similar plans already surfacing in Texas.

A purpose-built Robotaxi wash station means fleets can cycle vehicles through cleaning, charging, and minor servicing at lightning speed with almost no human intervention. Optimus robots could eventually handle the physical work, turning the entire operation into a lights-out, 24/7 machine.

Las Vegas, with its endless tourist traffic and wide-open roads, is the perfect proving ground. Imagine stepping out of a gleaming Cybercab after a night on the Strip, knowing the same vehicle will be sparkling clean and ready for the next rider within minutes.

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California hits Tesla Cybercab and Robotaxi driverless cars with new law

Critics who claimed Robotaxis would get filthy and unreliable now look shortsighted. However, it will be interesting to see how many of these types of facilities the company establishes, especially as it plans for the Robotaxi fleet to be available everywhere.

If the permit moves forward as expected, Las Vegas could witness the first large-scale, fully autonomous taxi operation complete with its own cleaning infrastructure. As soon as Tesla solves wireless charging, we’re looking at a very capable and potentially fully autonomous ride-sharing business from A to Z.

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Tesla puts Giga Berlin in Plaid Mode with new massive investment

The facility, Tesla’s first in Europe, opened in 2022 and has become a cornerstone for Model Y production and, increasingly, in-house battery manufacturing. Recent announcements highlight a dual focus on scaling vehicle output and advancing vertical integration through 4680 battery cells.

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Credit: Tesla

Tesla is pushing forward with significant upgrades at its Gigafactory Berlin-Brandenburg in Grünheide, Germany, signaling renewed confidence in its European operations despite past market challenges.

The facility, Tesla’s first in Europe, opened in 2022 and has become a cornerstone for Model Y production and, increasingly, in-house battery manufacturing. Recent announcements highlight a dual focus on scaling vehicle output and advancing vertical integration through 4680 battery cells.

In April, plant manager André Thierig announced a 20 percent increase in Model Y production starting in July, following a record Q1 output of more than 61,000 vehicles. To support the ramp-up, Tesla plans to hire approximately 1,000 new employees beginning in May and convert 500 temporary workers to permanent positions.

The move is expected to lift weekly production significantly, addressing rebounding demand in Europe after a challenging 2025.

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The expansion builds on earlier progress. In 2025, Tesla secured partial approvals to add roughly 2 million square feet of factory space, raising potential annual vehicle capacity from around 500,000 toward 800,000 units, with longer-term ambitions approaching one million vehicles per year. Logistical improvements, new infrastructure, and battery-related facilities are already underway on company-owned land.

Battery production is the latest major focus. On May 12, Thierig revealed an additional $250 million investment in the on-site cell factory. This more than doubles the planned 4680 battery cell capacity to 18 gigawatt-hours annually—up from the 8 GWh target set in December 2025—while creating over 1,500 new battery-related jobs.

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Total cell investments at the site now exceed previous figures, bringing the factory closer to full vertical integration: cells, packs, and vehicles produced under one roof. Tesla describes this as unique in Europe and a step toward stronger supply chain resilience.

The plans come amid regulatory and community hurdles. Earlier expansion proposals faced protests over environmental concerns and water usage, leading to phased approvals beginning in 2024. Tesla has navigated these by emphasizing sustainable practices and economic benefits, including thousands of local jobs in Brandenburg.

With nearly 12,000 employees already on site and production steadily climbing, Gigafactory Berlin is poised for growth. The combined vehicle and battery expansions position the plant as a key hub for Tesla’s European ambitions, potentially making it one of the continent’s largest manufacturing complexes if local support continues.

As EV demand recovers, these investments underscore Tesla’s commitment to scaling efficiently in Germany while addressing regional supply chain needs.

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