Connect with us

News

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

Credit: TED/YouTube

Published

on

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. 

Advertisement

“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. 

Advertisement

“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

Advertisement

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.

Advertisement
Comments

News

Tesla Roadster unveiling gets pushed again, but new event details emerge

Published

on

Credit: Dan Burkland

Tesla has reportedly pushed the unveiling of the Roadster once again, but there are also evidently new details about the event that the company plans to show off.

The Information reported this morning that Tesla will now unveil, for the second time, the next-generation Roadster in August, a further delay from the multiple timeline that the company had previously stated.

The report has not been confirmed or denied by Tesla at any capacity.

It also states the unveiling event will take place in Texas, the same place that Tesla executives revealed in May would be the place of manufacture for the company’s highly-anticipated supercar, which boasts a top speed of over 250 MPH and 650 miles of range, according to its website.

Advertisement

Tesla is also expected to showcase the SpaceX package, which will be used for faster acceleration and potentially hovering capabilities, at the unveiling event, the report states. Musk has always planned for this to happen, but now it seems it is more realistic than ever

The Roadster has had its unveiling date and manufacturing date pushed back on many occasions. It was set to start production in 2020, but the COVID-19 pandemic crippled supply chain operations, forcing Tesla to push its timeline back considerably.

Advertisement

However, COVID has been over for some time, and Tesla has still not managed to successfully schedule and execute an unveiling event, which is something fans and enthusiasts, as well as those who have put down a $50,000 deposit, have been waiting for.

The vehicle was close to completion last year, but Musk truly wanted Lars Moravy and Franz von Holzhausen to push the limits of the Roadster. In July of last year, Moravy said:

“Roadster is definitely in development. We did talk about it last Sunday night. We are gearing up for a super cool demo. It’s going to be mind-blowing; We showed Elon some cool demos last week of the tech we’ve been working on, and he got a little excited.”

It is important to note two things: Tesla has not confirmed these details, and the company has regularly pushed these dates back. Until Tesla sends out formal invitations with a concrete date, taking any unveiling event reports with a grain of salt is a good idea.

Advertisement
Continue Reading

News

Tesla Model 3 has a tasty Supercharging incentive, but it’s ending soon

Published

on

Credit: Tesla

Tesla is offering a tasty Supercharging incentive on certain Model 3 trims, but the company has officially put a concrete end date on it, so those interested should act fast.

Tesla is offering Free Supercharging for One Year on the Model 3 Premium and Performance trims, the top two offerings of the all-electric sedan. There are three trims of the Model 3 that will have the Free Supercharging offer attached:

  • Premium Rear-Wheel-Drive – $42,490
  • Premium All-Wheel-Drive – $47,490
  • Performance – $54,990

Tesla has now announced that this offer will expire on June 15, giving potential buyers about ten days to take advantage of the incentive.

This could be an additional incentive for car buyers to transition to electric vehicles. Many states are showing gas prices well over $4 per gallon, with the national average currently sitting at $4.22, according to AAA.

Tesla Model 3 wins Edmunds’ Best EV of 2026 award

Advertisement

A free year of Supercharging miles would allow people to charge and travel for free, other than routine maintenance, which is already incredibly cheap compared to a gas car.

At Tesla Superchargers, peak rates, meaning prices between 8 a.m. and 10 p.m., average between $0.45 and $0.60. One year of driving at an average of 12,000 miles would cost between $1,000 and $1,500 at $0.50 per kWh. It’s a pretty good deal.

Advertisement

Supercharging prices have also increased recently:

Advertisement

Tesla has used Free Supercharging to move units in the past, and it’s a great strategy for those who plan to use the car for longer commutes, cross-country drives, or do not have reliable access to home charging.

It should be noted that Tesla recommends that Supercharging be used at a minimum to preserve the life of the battery, as fast-charging is more stressful on the cells.

However, some people might not have an option, so the Free Supercharging incentive could truly be a great reason for many people to charge their cars.

The Supercharging incentive is short-term, and it is pretty rare that Tesla utilizes it, so once this offer is gone, we probably will not see it on the Model 3 for some time.

Advertisement
Continue Reading

News

Ferrari CEO’s self-driving stance echoes Elon Musk’s — sort of

Published

on

Credit: Tesla | Ferrari

Ferrari CEO Benedetto Vigna revealed that the Italian automaker’s future will not involve self-driving, a point that echoes that of Tesla CEO Elon Musk’s — sort of.

You might be thinking, “Are you insane? Musk has been so incredibly hellbent on delivering self-driving vehicles to the public, so much so that he has even hinted that Tesla won’t need the ever-popular and widely-requested Model Y L in the U.S.

However, when it comes to electric supercars with high-performance specs and lofty price tags, Vigna’s stance is exactly what Musk wants for Tesla’s own hypercar project, the Tesla Roadster.

In a new interview with Australian media outlet Drive, Vigna made it clear that Ferrari’s ambitions for the future do not involve autonomy, simply because the company’s cars are not designed for anything but manual, spirited driving.

He said:

Advertisement

“We will not make fully autonomous cars — loud and clear. We want the people to have fun, not the [computer] chips. We want to have a steering wheel and a man or a woman behind the steering wheel. Otherwise, why do you buy a Ferrari?”

This seems to be a reasonable assertion. Ferraris are not made for daily commutes, cross-country road trips, or bumper-to-bumper traffic. They’re made for fast, spirited driving, and many of their buyers will only put a few thousand miles on them throughout their lifetime. True, exciting, fun driving is meant to be done manually.

That is not to say Full Self-Driving or other semi-autonomous suites are not “fun,” but they are meant to take the stress out of driving. They are made for the daily commutes, the rush hour traffic, and the parking lots and garages. It’s made to take the stress out of driving.

Tesla Full Self-Driving attempts 150-mile stress test: the good and the bad

Advertisement

Musk had stated in an interview in early 2026 that the Roadster would also be geared toward fun, manually-controlled driving. On the Moonshots podcast with Peter Diamandis, Musk said about the Roadster:

“This is not a…safety is not the main goal. If you buy a Ferrari, safety is not the number one goal. I say, if safety is your number one goal, do not buy the Roadster…We’ll aspire not to kill anyone in this car. It’ll be the best of the last of the human-driven cars. The best of the last.”

There are cars out there that simply are meant to be driven by humans, and Ferraris and Roadsters are a few of them. Ferrari has no true advantage in developing self-driving; their cars sell at low volumes with high price tags, and their performance specs and engineering are all geared toward spirited driving.

Advertisement
Continue Reading