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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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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 Model Y outsells everything in three states, but Ford dominates

The Model Y’s success here highlights accelerating mainstream adoption of electric SUVs, which offer spacious interiors, impressive range, rapid acceleration, and low operating costs.

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Credit: Tesla

The Tesla Model Y was the best-selling vehicle in three different states in the U.S. last year, according to new data that shows the all-electric crossover outsold every other car in a few places. However, Ford widely dominated the sales figures with its popular F-Series of pickups.

According to new vehicle registration data compiled by Edmunds and visualized by Visual Capitalist, the Ford F-Series, encompassing models like the F-150, F-250, F-350, and F-450, claimed the title of best-selling vehicle in 29 states.

This dominance underscores the pickup truck’s unbreakable appeal across much of the country, particularly in rural, Midwestern, Southern, and Western states, where towing capacity, durability, and utility for work or recreation remain top priorities.

The F-Series has held the crown as America’s overall best-selling vehicle for decades, a streak that continued strong into 2025 despite broader market shifts.

Yet, amid this truck-heavy reality, Tesla made a notable breakthrough. The Model Y emerged as the top-selling vehicle, not just the leading EV, but the outright best-seller in three key states: California, Nevada, and Washington.

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These West Coast strongholds reflect regions with robust EV infrastructure, high environmental awareness, generous incentives, and tech-savvy populations. In California alone, nearly 50 percent of new vehicle registrations were electrified, far outpacing the national average of around 25 percent.

The Model Y’s success here highlights accelerating mainstream adoption of electric SUVs, which offer spacious interiors, impressive range, rapid acceleration, and low operating costs.

Elon Musk: Tesla Model Y is world’s best-selling car for 3rd year in a row

Elsewhere, Japanese crossovers filled many gaps: Toyota’s RAV4 and Honda’s CR-V topped charts in several urban and densely populated Northeastern and Midwestern states, where fuel efficiency, reliability, and family-friendly features win out over larger trucks.

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While Ford’s broad reach shows traditional preferences persist, at least for now, Tesla’s Model Y victories in high-population, influential states signal a gradual but undeniable transition toward electrification. As charging networks expand and battery technology improves, more states could follow the West Coast’s lead in the coming years.

This 2025 map captures a pivotal moment: pickup trucks still rule the majority, but EVs are carving out meaningful territory where consumer priorities align with sustainability and innovation. The road ahead promises continued competition between legacy giants and electric disruptors.

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Elon Musk shares updated Starship V3 maiden launch target date

The comment was posted on Musk’s official account on social media platform X.

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Credit: SpaceX/X

SpaceX CEO Elon Musk shared a brief Starship V3 update in a post on social media platform X, stating the next launch attempt of the spacecraft could take place in about four weeks.

The comment was posted on Musk’s official account on social media platform X.

Musk’s update suggests that Starship Flight 12 could target a launch around early April, though the schedule will depend on several remaining milestones at SpaceX’s Starbase launch facility in Texas.

Among the key steps is testing and certification of the site’s new launch tower, launch mount, and tank farm systems. These upgrades will support the next generation of Starship vehicles.

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Booster 19 is expected to roll to the launch site and be placed on the launch mount before returning to the production facility to receive its 33 Raptor engines. The booster would then return for a static fire test, which could mark the first time a Super Heavy booster equipped with Raptor V3 engines is fired on the pad.

Ship 39 is expected to undergo a similar preparation process. The vehicle will likely return to the production site to receive its six engines before heading to Massey’s test site for static fire testing.

Once both stages are prepared, the booster and ship will roll out to the launch site for the first full stack of a V3 Super Heavy and V3 Starship. A full wet dress rehearsal is expected to follow before any launch attempt.

Elon Musk has previously shared how SpaceX plans to eventually recover Starship’s upper stage using the launch tower’s robotic arms. Musk noted that the company will only attempt to catch the Starship spacecraft after two successful soft landings in the ocean. The approach is intended to reduce risk before attempting a recovery over land.

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“Should note that SpaceX will only try to catch the ship with the tower after two perfect soft landings in the ocean. The risk of the ship breaking up over land needs to be very low,” Musk wrote in a post on X.

Such a milestone would represent a major step toward the full reuse of the Starship system, which remains a central goal for SpaceX’s long-term launch strategy.

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Tesla opens first public Tesla Semi Megacharger site in Los Angeles

The development was highlighted in a post on social media platform X by the official Tesla Semi account.

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Credit: Tesla

Tesla has opened its first public Tesla Semi Megacharger site in Los Angeles. The station reportedly offers up to 750 kW charging speeds and is open to Tesla Semi customers.

The development was highlighted in a post on social media platform X by the official Tesla Semi account.

Tesla Semi Megachargers

The Los Angeles site seems to be the first public Tesla Semi Megacharger that is not located at a Tesla factory. It is also the third Megacharger site currently visible on Tesla’s map.

The Megacharger system is designed specifically for the Tesla Semi and is capable of delivering extremely high charging speeds to support long-haul trucking operations. Infrastructure such as this will likely play a key role in making the Semi competitive with diesel-powered transport trucks.

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Tesla’s progress with the Semi has also drawn attention in recent days after Elon Musk biographer Ashlee Vance shared photos from inside the Tesla Semi factory near Giga Nevada. The images suggested that preparations for higher production volumes may be underway, hinting that a broader ramp of the Tesla Semi’s production indeed be approaching.

New deployment strategies

Tesla has continued expanding its broader charging network through several new strategies aimed at accelerating infrastructure deployment. One of these initiatives is the Supercharger for Business program, which allows third parties to purchase Tesla Supercharger equipment and deploy charging stations while still integrating with Tesla’s network.

The program recently marked a milestone in Alpharetta, Georgia, where the city deployed four 325 kW city-branded Superchargers near the Alpharetta Department of Public Safety on Old Milton Parkway. The chargers support the city’s Tesla Model Y police vehicles while also remaining accessible to the public.

As per a report from EVwire, the project was designed not only to support fleet charging but also to generate economic returns that could offset the city’s investment. Tesla’s Supercharger for Business program has already attracted several participants, including businesses and charging providers such as Suncoast Charging, Pie Safe bakery in Idaho, Francis Energy in Oklahoma, and Wawa convenience stores.

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