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

Credit: TED/YouTube

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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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Tesla Semi gets strange-but-understandable comparison from Jay Leno

In a recent interview with MotorTrend, legendary comedian and automotive enthusiast Jay Leno shared his impressions after driving Tesla’s long-range Semi truck, offering one of the most vivid descriptions to date:

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Credit: Jay Leno's Garage

The Tesla Semi recently received a strange-but-understandable comparison from automotive enthusiast and former long-time late-night television show host Jay Leno.

In a recent interview with MotorTrend, legendary comedian and automotive enthusiast Jay Leno shared his impressions after driving Tesla’s long-range Semi truck, offering one of the most vivid descriptions to date:

“It’s like driving an office building.”

The comparison may seem quirky—office buildings evoke images of immobility rather than motion—but it aptly conveys the experience of commanding a massive 23,000-pound Class 8 electric truck that delivers sports-car acceleration.

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Lenotested the production-spec Long Range model, which is rated for up to 500 miles of range. He was visibly impressed by its performance, noting how the enormous vehicle moves with surprising urgency.

“It’s as fast as a Tesla, but it’s like driving an office building,” he remarked. “It’s this huge thing that moves like right now. You go 500 miles. You get 60% charge in 30 minutes. You’re saving on fuel costs. It seems quite good.”

The reaction highlights the cognitive dissonance at the core of the Tesla Semi. Traditional diesel semi-trucks are slow, noisy, and expensive to run. The Semi rewrites the rules with instant torque from its tri-motor electric powertrain, producing up to 800 kW.

Despite its size, the truck feels agile thanks to full electric steering assist, upgraded actuators borrowed from the Cybertruck, and a 48-volt electrical architecture that improves responsiveness and efficiency.

Tesla reports real-world energy consumption below 1.7 kWh per mile for the Long Range version. Megacharger stations can deliver a 60% charge in roughly 30 minutes, making the truck suitable for long-haul operations.

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Additional features include an electric Power Take-Off (ePTO) capable of 25 kW for trailer refrigeration or other equipment, and a driver-focused cab with a central seating position for optimal visibility and a quiet, high-tech interior.

Fleet operators stand to benefit significantly from the economics. Diesel trucks often cost nearly one dollar per mile when including fuel, maintenance, and downtime.

Tesla projects the Semi can reduce operating costs to as low as 15 cents per mile through cheaper electricity, regenerative braking that minimizes brake wear, and reduced service requirements. While early deployments, like Pepsi’s, focused on shorter routes, the 500-mile variant targets cross-country applications.

Obstacles remain. A fully loaded tractor-trailer can reach 80,000 pounds, which reduces real-world range compared to the unloaded test conditions. Building out a nationwide Megacharger network will be essential for broader adoption. The Semi also carries a higher upfront price than conventional diesels, though total cost of ownership and available incentives frequently tip the scales in its favor over time.

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Leno’s “office building” description resonates because it captures the unexpected thrill of piloting something so large yet so capable. As the trucking industry faces pressure to cut emissions and control rising fuel expenses, the Semi offers a compelling alternative that excels in performance, comfort, and efficiency.

Coming from a man who has driven everything from vintage classics to modern hypercars, Leno’s genuine enthusiasm adds weight to the verdict.

The Tesla Semi is emerging as more than an experimental EV—it represents a practical vision for the future of heavy-duty transport where massive rigs accelerate instantly, and the numbers finally make sense. If fleet results continue to validate the claims, the era of diesel dominance could be drawing to a close.

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Tesla expands its mass-market color palette in the U.S.

Delivering a fresh splash of color to its lineup, Tesla is giving U.S. buyers two stunning new blue options that are already turning heads.

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Credit: Brand0n | X

Tesla has expanded the color palette it offers on its mass market vehicles in the United States, giving buyers of the Model 3 and Model Y a few additional options than before.

Delivering a fresh splash of color to its lineup, Tesla is giving U.S. buyers two stunning new blue options that are already turning heads. Starting on May 8, the automaker updated its North American configurator to introduce Marine Blue on Model Y Premium trims and Frost Blue exclusively on the Model 3 Performance.

The move replaces the long-running Deep Blue Metallic, a staple for over eight years, and brings previously exclusive shades stateside.

Marine Blue, a deep, rich oceanic hue formerly limited to Europe and Asia-Pacific markets, is now available on Model 3 and Model Y RWD and Long Range AWD Premium variants. Priced at a $1,000 upgrade—standard for Tesla’s premium paints—it delivers a sophisticated, metallic finish that shifts beautifully under light.

Tesla North America highlighted the change directly in an official post, confirming Marine Blue as the new flagship blue for non-Performance models.

Frost Blue, on the other hand, is the real crowd-pleaser for enthusiasts. Previously reserved for the flagship Model S and Model X, this lighter, icy metallic shade is now offered at no extra cost on Model 3 Performance and Model Y Performance trims.

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Performance buyers effectively get a premium color included in the base price, a smart perk that Tesla has extended to higher-end variants across the board. Early in-person sightings and configurator renders show Frost Blue’s cool, modern vibe popping against the cars’ sleek lines, especially with black wheels and red brake calipers.

The timing couldn’t be better. With Tesla pushing refreshed Model 3 and Model Y refreshes amid growing competition, these updates add visual excitement without major redesigns.

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Deep Blue Metallic orders are being transitioned to the new shades, according to customer reports and Tesla communications. In the U.S., Puerto Rico, and Mexico, the options are live now; Canada sees limited Frost Blue availability on the Model 3 Performance.

Tesla’s color strategy continues to evolve, borrowing from higher-end models to refresh mass-market EVs. Now that we bid farewell to the Model S and Model X, some of their colors might be available on the more widely available Model 3 and Model Y.

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Tesla Semi’s official battery capacity leaked by California regulators

A California regulatory filing just confirmed the exact battery size inside each Tesla Semi variant.

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A regulatory filing published by the California Air Resources Board in April 2026 has put official numbers on what Tesla Semi owners and fleet buyers have long wanted confirmed: the exact battery capacities of both the Long Range and Standard Range Semi truck variants. CARB is California’s independent air quality regulator, and it certifies zero-emission powertrains before they can be sold or operated in the state. When a manufacturer submits a vehicle for certification, the resulting executive order becomes a public document, making it one of the most reliable sources for confirmed production specs on any EV.

The document lists two certified powertrain configurations. The Long Range Semi carries a usable battery capacity of 822 kWh, while the Standard Range version comes in at 548 kWh. Both use lithium-ion NCMA chemistry and share the same peak and steady-state motor output ratings of 800 kW and 525 kW respectively. Cross-referencing Tesla’s published efficiency figure of approximately 1.7 kWh per mile under full load, the 822 kWh pack supports roughly 480 miles of real-world range, which aligns closely with Tesla’s advertised 500-mile figure for the Long Range trim. The 548 kWh Standard Range pack works out to approximately 320 miles, again consistent with Tesla’s stated 325-mile target.

Here is a direct comparison of the two versions based on the CARB filing and published specs:

Tesla Semi Spec Long Range Standard Range
Battery Capacity 822 kWh 548 kWh
Battery Chemistry NCMA Li-Ion NCMA Li-Ion
Peak Motor Power 800 kW 525 kW
Estimated Range ~500 miles ~325 miles
Efficiency ~1.7 kWh/mile ~1.7 kWh/mile
Est. Price ~$290,000 ~$260,000
GVW Rating 82,000 lbs 82,000 lbs

The timing of this certification is not incidental. On April 29, 2026, Semi Programme Director Dan Priestley confirmed on X that high-volume production is now ramping at Tesla’s dedicated 1.7-million-square-foot facility in Sparks, Nevada. A key advantage of the Nevada location is vertical integration: the 4680 battery cells powering the Semi are manufactured in the same complex, eliminating the supply chain bottleneck that had delayed the program for years.

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Tesla’s long-term goal is to reach a production capacity of 50,000 trucks annually at the Nevada factory, which would represent roughly 20 percent of the entire North American Class 8 market. With CARB certification now in hand and the production line running, the regulatory and manufacturing groundwork for that target is in place.

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