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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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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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SpaceX adjusts Starship Flight 13 test launch target date once again

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Credit: SpaceX

SpaceX has updated its target for the thirteenth integrated flight test of Starship, aiming for as early as Thursday, July 23. The 90-minute launch window opens at 5:45 p.m. CT from the company’s Starbase facility in South Texas.

The target flight was initially rescheduled for today, but SpaceX pushed it back again.

This latest adjustment follows an aborted attempt earlier in the week and reflects the iterative, rapid-development approach that has defined the Starship program. With the vehicle already stacked and ground teams making final preparations, the mission represents another step toward proving the full reusability of the world’s most powerful rocket system.

The original launch attempt on July 16 was scrubbed at T-0 when several Raptor engines on the Super Heavy booster failed to ignite properly. The automatic abort system triggered just as the engines began their startup sequence, preventing liftoff.

SpaceX CEO Elon Musk confirmed that some engines did not start as expected, prompting the decision to replace two Raptors on Booster 20 to ensure reliability. The issue occurred despite a successful full-duration static fire earlier, highlighting the complexities of coordinating 33 engines under flight conditions.

This cautious approach underscores SpaceX’s commitment to safety amid an aggressive test cadence.

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SpaceX comes with a slew of changes for Starship Flight 13

Flight 13 builds directly on the lessons from Flight 12 in May 2026. The Super Heavy booster’s primary goals include a successful liftoff, ascent, stage separation, boostback burn, and controlled splashdown in the Gulf of America.

Hardware and software modifications address the off-nominal flip and boostback burn problems from the prior flight, where propellant slosh and engine relight issues led to an uncontrolled impact.

For the Starship upper stage, objectives include deploying 20 operational Starlink V3 satellites, the first real payload of this type, performing a single Raptor engine relight in space, and executing a controlled entry, descent, and splashdown in the Indian Ocean. Propulsion upgrades aim to improve engine-out capability after one vacuum Raptor was lost on Flight 12.

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Additional test elements focus on heat shield performance. Six satellites carry cameras to image the tiles during flight, while white-painted tiles and upgraded attachments on flaps and the aft skirt will gather data for future reusability.

The FAA completed its mishap investigation into Flight 12 earlier this month, clearing the regulatory path.

This suborbital mission, the second with V3 vehicles, advances Starship toward operational missions, including potential crewed flights and support for NASA’s Artemis program. Success would mark significant progress in rapid reusability and satellite deployment from the massive system.

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Elon Musk debunks $52 billion SpaceX-NVIDIA GPU deal

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Credit: SpaceX

Elon Musk dismissed reports claiming SpaceX had placed a massive order for NVIDIA GPUs worth $52 billion. The denial came hours after Taiwanese media, citing unnamed industry sources, reported that SpaceX planned to acquire approximately 13,000 AI server racks, equating to roughly 1 million GB300 GPUs, from Foxconn.

Each rack was estimated at around $4 million, with deliveries potentially starting in late 2025.

The story suggested this would mark SpaceX’s first major foray into Foxconn-manufactured NVIDIA hardware, breaking from suppliers like Supermicro and Dell. Musk responded bluntly on X:

Despite the denial, the rumored scale aligns with SpaceX’s explosive growth in AI infrastructure. NVIDIA’s GB300 (successor to the GB200 NVL) racks deliver unprecedented performance for large-scale training and inference. A $52 billion commitment would dwarf most corporate AI budgets and provide the compute muscle needed for frontier models.

SpaceX already operates gigawatt-scale terrestrial clusters like Colossus in Memphis, Tennessee, and has monetized them aggressively through leasing deals.

SpaceX’s newest Starmind will make earth data centers obsolete

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Major customers include Anthropic (paying ~$1.25 billion monthly for 220,000+ GPUs), Google (~$920 million monthly for 110,000 GPUs), and Reflection AI. These arrangements are projected to generate tens of billions in annual revenue, far outpacing traditional SpaceX businesses.

Such an investment would fuel internal AI efforts, particularly Grok models under the integrated SpaceXAI division, while supporting ambitious orbital data center plans. SpaceX envisions launching thousands of AI-optimized satellites powered by solar energy and cooled in space, bypassing terrestrial power and land constraints.

This “Starmind” constellation could position the company as a leader in space-based computing.

SpaceX as an Emerging AI Powerhouse

Once primarily known for reusable rockets and Starlink satellite internet, SpaceX has transformed into a multifaceted AI player.

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The 2026 acquisition of xAI integrated Grok development directly into the company. Starlink’s low-latency global network complements massive compute clusters, enabling efficient data flow for training and serving AI models.

Musk has long argued that AI scaling demands solutions beyond Earth, citing things like real estate and electricity limits on the ground.

While the Foxconn deal may not be in the cards, SpaceX’s trajectory is continuing on the path of blending aerospace engineering with hyperscale AI to dominate both launches and intelligence infrastructure.

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Elon Musk sheds details on Tesla FSD’s upcoming improvements

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Credit: Tesla

Elon Musk shed more details on the upcoming improvements to Tesla’s Full Self-Driving suite, specifically one that the CEO mentioned last week, which should help owners see fewer interventions.

Last week, Musk hinted that one major improvement that Tesla planned to roll out to Full Self-Driving users was the car’s ability “to remember your specific interventions and match each person’s individual preferences.”

Elon Musk says your Tesla will start to learn your individual preferences

This small bit of detail was linked to a post from Tesla community member Whole Mars, who said that FSD’s tendency to exit the carpool lane, a feature that owners can turn on but at times the car will disregard.

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It sounds like, based on Musk’s two responses since that original post, it is safe to say the things FSD will start to remember are wide-ranging. However, it seems the biggest differences will be noticed with parking performance, which Musk continues to mention.

Highway Lane Preferences

The initial post Musk mentioned, with these new remembered preferences soon to arrive for Tesla owners everywhere, was the Carpool/Express Lane.

Tesla has a setting in the FSD menu that lets drivers enable HOV Lane travel. However, the car won’t always stay in that suggested or preferred lane.

Some owners have also complained of left lane camping, an illegal maneuver in at least some states. Cruising in the passing lane has resulted in tickets for some, as it is illegal in over 30 states in the U.S.

Tesla did not confirm if these preferences would also be included in new FSD behaviors, but it would certainly help move the company toward fewer interventions.

Parking Preferences

This seems to be the real focus of the entire operation, as Musk stated several weeks ago that parking was overwhelmingly the most frequent reason for interventions.

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The major issue with parking is not necessarily the parking “performance,” as FSD is generally good at parking. It definitely has its issues; we’ve recorded plenty of them, including this one as recent as last week:

However, the changes coming are more about preferences, meaning where you park and how your car enters the spot, either pulling in or backing in. Owners have also reported that pulling into the correct driveway is a relatively rare thing for FSD, something else that needs to be confronted.

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Musk basically confirmed that all of these things would be part of Tesla’s plan to address driver preferences with FSD:

It’s obvious there is something big coming with FSD, and the company’s focus seems to be eliminating any intervention that would be related to preferences. This is probably the biggest bottleneck between Tesla and being fully autonomous. Critical interventions do occur, but they are much less frequent.

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The only time a driver should be taking over is because of a critical intervention; this seems to be the goal of Tesla right now.

This all seems to be a priority as Tesla continues to move closer to the prospect of unsupervised driving.

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