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.
“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.
“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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Investor's Corner
Tesla releases Q4 and FY 2025 vehicle delivery and production report
Deliveries stood at 406,585 Model 3/Y and 11,642 other models, for a total of 418,227 vehicles.
Tesla (NASDAQ:TSLA) has reported its Q4 2025 production and deliveries, with 418,227 vehicles delivered and 434,358 produced worldwide. Energy storage deployments hit a quarterly record at 14.2 GWh.
Tesla’s Q4 and FY 2025 results were posted on Friday, January 2, 2026.
Q4 2025 production and deliveries
In Q4 2025, Tesla produced 422,652 Model 3/Y units and 11,706 other models, which are comprised of the Model S, Model X, and the Cybertruck, for a total of 434,358 vehicles. Deliveries stood at 406,585 Model 3/Y and 11,642 other models, for a total of 418,227 vehicles.
Energy deployments reached 14.2 GWh, a new record. Similar to other reports, Tesla posted a company thanked customers, employees, suppliers, shareholders, and supporters for its fourth quarter results.
In comparison, analysts included in Tesla’s company-compiled consensus estimate that Tesla would deliver 422,850 vehicles and deploy 13.4 GWh of battery storage systems in Q4 2025.
Tesla’s Full Year 2025 results
For the full year, Tesla produced a total of 1,654,667 vehicles, comprised of 1,600,767 Model Y/3 and 53,900 other models. Tesla also delivered 1,636,129 vehicles in FY 2025, comprised of 1,585,279 Model Y/3 and 50,850 other models. Energy deployments totaled 46.7 GWh over the year.
In comparison, analysts included in Tesla’s company-compiled consensus expected the company to deliver a total of 1,640,752 vehicles for full year 2025. Analysts also expected Tesla’s energy division to deploy a total of 45.9 GWh during the year.
Tesla will post its financial results for the fourth quarter of 2025 after market close on Wednesday, January 28, 2026. The company’s Q4 and FY 2025 earnings call is expected to be held on the same day at 4:30 p.m. Central Time.
Elon Musk
Starlink achieves major milestones in 2025 progress report
Starlink wrapped up 2025 with impressive growth, adding more than 4.6 million new active customers and expanding service to 35 additional countries, territories, and markets.
Starlink wrapped up 2025 with impressive growth, adding more than 4.6 million new active customers and expanding service to 35 additional countries, territories, and markets. The company also completed deployment of its first-generation Direct to Cell constellation, launching over 650 satellites in just 18 months to enable cellular connectivity.
SpaceX highlighted Starlink’s impressive 2025 progress in an extensive report.
Key achievements from Starlink’s 2025 Progress
Starlink connected over 4.6 million new customers with high-speed internet while bringing service to 35 more regions worldwide in 2025. Starlink is now connecting 9.2 million people worldwide. The service achieved this just weeks after hitting its 8 million customer milestone.
Starlink is now available in 155 markets, including areas that are unreachable by traditional ISPs. As per SpaceX, Starlink has also provided over 21 million airline passengers and 20 million cruise passengers with reliable high-speed internet connectivity during their travels.
Starlink Direct to Cell
Starlink’s Direct to Cell constellation, more than 650 satellites strong, has already connected over 12 million people at least once, marking a breakthrough in global mobile coverage.
Starlink Direct to Cell is currently rolled out to 22 countries and 6 continents, with over 6 million monthly customers. Starlink Direct to Cell also has 27 MNO partners to date.
“This year, SpaceX completed deployment of the first generation of the Starlink Direct to Cell constellation, with more than 650 satellites launched to low-Earth orbit in just 18 months. Starlink Direct to Cell has connected more than 12 million people, and counting, at least once, providing life-saving connectivity when people need it most,” SpaceX wrote.
News
Tesla Giga Nevada celebrates production of 6 millionth drive unit
To celebrate the milestone, the Giga Nevada team gathered for a celebratory group photo.
Tesla’s Giga Nevada has reached an impressive milestone, producing its 6 millionth drive unit as 2925 came to a close.
To celebrate the milestone, the Giga Nevada team gathered for a celebratory group photo.
6 million drive units
The achievement was shared by the official Tesla Manufacturing account on social media platform X. “Congratulations to the Giga Nevada team for producing their 6 millionth Drive Unit!” Tesla wrote.
The photo showed numerous factory workers assembled on the production floor, proudly holding golden balloons that spelled out “6000000″ in front of drive unit assembly stations. Elon Musk gave credit to the Giga Nevada team, writing, “Congrats on 6M drive units!” in a post on X.
Giga Nevada’s essential role
Giga Nevada produces drive units, battery packs, and energy products. The facility has been a cornerstone of Tesla’s scaling since opening, and it was the crucial facility that ultimately enabled Tesla to ramp the Model 3 and Model Y. Even today, it serves as Tesla’s core hub for battery and drivetrain components for vehicles that are produced in the United States.
Giga Nevada is expected to support Tesla’s ambitious 2026 targets, including the launch of vehicles like the Tesla Semi and the Cybercab. Tesla will have a very busy 2026, and based on Giga Nevada’s activities so far, it appears that the facility will be equally busy as well.
Tesla releases Q4 and FY 2025 vehicle delivery and production report
Starlink achieves major milestones in 2025 progress report
