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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. 

“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. 

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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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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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FAA kicks off review of SpaceX’s bid to fly Starship nearly every day

FAA is reviewing SpaceX’s plan for 456 Starship launches a year, up from 25 today.

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Rendering of Elon Musk overlooking a Starship fleet (Credit: Grok)

The FAA said Tuesday that it will prepare an environmental impact statement on SpaceX’s proposal to run as many as 456 Starship launches and 912 landings a year from Starbase, Texas. SpaceX is currently authorized for 25 launches and 50 landings annually, which makes the request roughly 18 times the existing ceiling. The notice of intent is set to publish in the Federal Register on Wednesday.

The plan comes in two phases. Phase 1 would allow up to 100 launches and 200 landings a year, on any day and at any hour. Phase 2, which the FAA says could arrive within several years, would raise the limit to the full 456 launches, still at any hour but only on weekdays. The agency noted that 912 landings is the upper limit for the Texas facility no matter where a given mission begins, and that Starship and Super Heavy could come down at the launch site or in the Gulf and open ocean.

A draft statement will be released for public comment at a later date, and the FAA has not said when. According to the Federal Registar, written comments are due November 30 on regulations.gov under docket FAA-2026-12808, with in person scoping meetings on November 17 in Brownsville and November 19 in Port Isabel, plus a virtual session on November 18. The review will weigh air quality, wildlife, coastal resources, water, noise, and aviation, and the FAA said any increase beyond this proposal would need its own separate review.

The numbers look large next to what Starbase has actually done. Starship has flown three times from Texas this year, including Flight 14 on September 28, the first orbital flight, which deployed 26 Starlink V3 satellites. Bloomberg reported that Starbase has never launched more than five times in a calendar year. The current cap of 25 comes from an FAA approval in May 2025. In February, the agency also approved up to 44 Starship launches a year from Launch Complex 39A in Florida, so Phase 1 in Texas alone would more than double that allowance.

Musk has said Starship could eventually fly more than once per hour within less than a decade, per Bloomberg. The nearer term target is Flight 15. Musk said on October 10 that it is hopefully four to six weeks away and will try to catch the ship with the tower, as Teslarati covered. That flight still runs under the existing 25 launch limit, and so would every Starbase launch for as long as the new review takes.

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As of mid morning Pacific time on Tuesday, SpaceX had not posted about the filing on its own account.

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Tesla Roadster livestream: everything Tesla has revealed before Thursday night

Tesla will stream the Roadster event Thursday at 7:55 p.m. Central. Here is what’s known.

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Concept rendering of a Tesla Roadster with SpaceX Package via Grok

Tesla will stream its next generation Roadster event live this Thursday, October 15, at 7:55 p.m. Central, according to a post from the official Tesla account shared late Monday. Texas is on daylight time, and outlets have read the post as local Central time, which puts the Tesla Roadster livestream at 8:55 p.m. Eastern and 5:55 p.m. Pacific. The stream is expected on Tesla’s X account, where the announcement went up.

This is the second date for the event. Tesla posted a “Go for launch” image on September 12 that set the unveil for October 1, and invitations sent to reservation holders placed it in Waco, Texas, at 8:30 p.m. Eastern, for guests 21 and older with tickets that could not be transferred. Until this week, Tesla had not said the event would be broadcast at all.

On September 28, Tesla moved the event to October 15, citing severe weather and the fact that the demo can only be held outdoors. Elon Musk then said the cause was high winds, a comment that pushed speculation that the car will leave the ground on stage.

The event will be held in Waco, which sits close to SpaceX’s McGregor rocket test site, where the FAA closed airspace up to 10,000 feet from September 18 through October 2 for the original date. Another restriction covering Wednesday, October 14, has been reported near the site, which could mean a rehearsal, though that is unconfirmed.

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What Tesla will actually show comes from speculative reports that the vehicle will be unmanned, and spectators will be kept several hundred yards back for safety. A SpaceX package is reportedly code named A71, and linked to what Musk has hinted at in the past – thrusters that could bring 0 to 60 mph down to about one second, compared with the 1.9 seconds quoted for the base car in 2017. Tesla also closed its Semi event with a Roadster teaser suggesting a design that looks different from the original prototype, and has said the event will include pricing, specifications, and production targets.

The 2017 figures remain the only official ones: 620 miles of range, a top speed above 250 mph, and prices of $200,000 for the base car and $250,000 for the Founders Series. Tesla reopened reservations last month with a $5,000 card payment followed by a $45,000 wire within ten days, and the deposit is refundable. Production is expected at Giga Texas in 2027 or 2028.

Tesla reports third quarter earnings on October 21, six days after the stream, so whatever price or timeline appears Thursday night will land just ahead of that call.

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SpaceX just combined Grok, Cursor, and X into one mega plan

SpaceXSI merges Grok, Cursor, and X Premium into one plan, raising questions for Tesla owners.

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SpaceX Super Intelligence has rolled out The X Subscription, a single plan that combines Grok, Grok Bot, Cursor, and X Premium.

There are five levels, including a free plan that includes daily Grok access and a starter allowance for Cursor’s coding agents. Plus is $8 per month, Premium is $30, Super is $100, and Ultra is $200. Usage scales as you move up, with Premium offering four times the Plus allowance, Super 15 times, and Ultra 50 times. Annual billing brings the prices down a bit further, with Premium at $300 per year.

The $30 Premium tier is where SpaceXSI says it packs the benefits of SuperGrok, Cursor Pro, and X Premium+, which previously added up to $90 per month. Grok Bot, the agent that handles tasks like ordering food or managing a calendar, is included from Premium upward but not on Plus. Paid plans share one weekly usage pool across Grok and Cursor, and each plan includes at least twice the coding usage of the comparable Cursor plan. Third party models in Cursor remain available on Premium and above, but they are billed separately at API list prices.

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That last detail matters because of what has happened around Cursor this year. SpaceX exercised its option to buy the company for $60 billion in June, and the deal closed in August. Weeks later, OpenAI said it will cut Cursor’s access to its models on November 12. Bundling Cursor with Grok usage gives SpaceXSI a reason to steer developers toward its own models.

Tesla integrates Grok Bot into its vehicles for the ultimate personal assistant

For Tesla owners, the connection is Grok Bot. Tesla brought it into its vehicles last month, and at that point access inside the car was limited to SuperGrok Heavy subscribers. Grok Bot is now enabled across every Cybercab and the rest of the Model Y Robotaxi fleet. Neither SpaceXSI nor Tesla has said how the new plans change inside the car access for owners, or whether a $30 Premium subscription now covers Grok Bot in a personal Tesla. That is the question owners will want answered first.

The company is also changing its name along the way. The rollout follows the rebrand Musk announced on October 4, when he said SpaceXAI would become SpaceXSI, and the plan page now carries that branding.

The X Subscription is available to new customers starting now, and SpaceXSI says it will reach everyone globally over the next few days. Existing SuperGrok, Cursor, and X Premium subscribers do not have to switch. The option to move will appear gradually in billing settings, with a prorated refund for the unused time on the old plan. Switching is permanent once the accounts are unified, and old plans are closed to new sign ups.

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