Investor's Corner
Elon Musk’s Twitter tirade comes amid SEC probe on Tesla’s Model 3 production ramp
Tesla shares (NASDAQ:TSLA) experienced a steep dive on Friday’s trading, dropping more than 7% amidst reports that U.S. District Court Judge Alison Nathan has asked Elon Musk and the Securities and Exchange Commission to justify the terms of their settlement over the CEO’s “funding secured” lawsuit. Also weighing down Tesla’s stock was Elon Musk’s latest Twitter session, where he seemingly trolled the SEC by dubbing the agency as the “Shortseller Enrichment Commission,” and then doubling down.
Update: Tesla CEO Elon Musk faces contempt claim from SEC over recent tweets
Musk’s latest round of tweets has polarized the Tesla community, as a number of retail investors began directly addressing their concerns to the CEO regarding his behavior and its effects on the price of TSLA stock. While Musk assured the community that they would be fine if they are invested for the long-term, several retail investors nonetheless informed the CEO that they had lost a considerable amount of money due to the apparent market-moving effects of his tweets.
But what’s the point of poking regulators publicly? The greatest problem is sustainable energy as you said, but every distraction erodes goodwill you worked so hard to build.
— Vicente Silveira (@vicentes) October 5, 2018
Just want to that the Shortseller Enrichment Commission is doing incredible work. And the name change is so on point!
— Elon Musk (@elonmusk) October 4, 2018
While the reasons behind Elon Musk’s latest Twitter session are still up for question, some details about the CEO’s aggravation over the SEC appear to have been teased by FBN’s Charlie Gasparino. In a segment on Fox Business, Gasparino noted that sources close to Tesla’s legal team and the SEC had informed him that the agency is still investigating Tesla, not because of Elon Musk’s “funding secured” tweet, but over the company’s previous forecasts on the Model 3 production ramp and and the company’s profitability.
“What we reported was from people close to the Tesla legal team and the Elon Musk legal team. What they’re telling us is that the SEC does continue to investigate Tesla. Remember, the “funding secured” thing is out of the way, but there’s an existing investigation that could take a bit longer. It involves Tesla and Elon Musk’s stated production goals for the Model 3 largely, and profitability; if those things match up to reality, and whether there’s a fraud case by saying ‘Hey, we’re gonna reach profitability, for example.’”
“The case focuses again on targets that Musk made and some of the other corporate executives as well, about when the Model 3 was gonna come out, how many were gonna be produced, and profitability. When Tesla was gonna be profitable. Remember, these goals have changed along the way. He’s now saying the third quarter should be profitable. We’ll see if it happens.”
Gasparino noted that the SEC’s investigation into Tesla’s Model 3 production and profitability goals would likely be more challenging for the agency than its “funding secured” lawsuit against the CEO. In order to corner Musk and Tesla, the SEC would have to prove that the company knowingly misled investors about the Model 3 ramp. If Tesla or Elon Musk admits that it has honestly miscalculated the progress of the Model 3 ramp, the SEC would likely have a difficult time proving its case. Gasparino noted that his sources in the SEC had informed him that this other Tesla investigation would likely be a very “tough” venture for the agency.
“This is a much tougher case. While it still exists, it’s still problematic for the company; it’s a much tougher case than the other one. This is something that you literally have to go back, look at his statements, look at potential emails where they might be telling each other ‘Hey, we know this is BS, we’re just throwing it out there.’ That’s what the SEC is looking at. So this is a much tougher case, and that’s why the market looks like it’s coming off its lows on this, because people are saying ‘Maybe they got done with the other case, and that’s about it.’”
“This is where we are right now. We should point out that cases like this take months. They’re tough to prove. Very hard to prove that someone was specifically lying about a production goal. You could say “Listen, I thought we’re gonna produce that many Model 3, I thought we were gonna hit production profitability in the second quarter. I was wrong, I misinterpreted.” That type of honest mistake, even though I think most CEOs know you shouldn’t say that sort of stuff. You try not to get forward-looking statements; you always run into problems. That is a tougher case then ‘funding secured,’ and you don’t have funding secured.
“I think if you’re betting that he might be, from a regulatory standpoint, largely out of the woods. I’m not saying he is. If you’re betting, I’m just saying these are tougher, tougher cases. And I can tell you, my sources inside the SEC are telling me that.”
There is no denying that Elon Musk’s Twitter twitter behavior has resulted in losses for Tesla’s investors once more. By the time markets closed on Friday, Tesla stock had lost the recovery it gained earlier in the week after the release of its impressive Q3 production and delivery numbers, as well as the announcement of Elon Musk and the SEC’s settlement. In this sense, Elon Musk’s decision to poke the agency seems like a miscalculation at best.
That said, if the seasoned journalist’s sources are correct and the SEC is still pursuing Tesla over its Model 3 goals, at a time when production of the electric sedan is hitting its stride and the vehicle is getting warmly received by consumers, then Elon Musk’s aggravation becomes a bit more understandable. Nevertheless, with millions in the Tesla community investing their hard-earned money to support the company, then it seems safe to say that Elon Musk should have known better.
Watch Charlie Gasparino’s segment on Fox Business in the video below.
Elon Musk
SpaceX’s Anthropic deal has a catch, and Elon Musk just addressed it
Elon Musk says SpaceX’s Anthropic compute deal cuts both ways after Chamath floats higher prices.
Elon Musk pushed back on Sunday against the idea that SpaceX’s compute contract with Anthropic is a one way bet, after venture capitalist Chamath Palihapitiya argued the company could use a termination clause to charge the AI lab far more.
“It works both ways, of course. If compute becomes plentiful and cheap, SpaceX revenue will drop. No crying in the casino for either party,” Musk wrote on X Sunday evening, replying to a clip of Palihapitiya’s comments shared by AI commentator Rohan Paul.
On the All-In podcast released Sunday, Palihapitiya said either side can walk away from the agreement on 90 days’ notice. If data center supply tightens, he argued, SpaceX could exercise that option and bring the contract back at two to three times the current price, and Anthropic would have little choice but to accept. He called it “the kingmaking move,” according to BigGo Finance.
The clause itself is not new. SpaceX disclosed in its IPO filings in May that Anthropic would pay $1.25 billion per month for dedicated capacity at its Colossus clusters through May 2029, nearly $45 billion in total, with both companies able to terminate on 90 days’ notice, as Teslarati reported at the time. SpaceX’s later compute deals with Google and Reflection AI carry similar exit terms.
What has changed is the political backdrop. Palihapitiya’s thesis rests on incoming Democratic governors pulling tax incentives for data centers and slowing new construction. In Texas, Gov.-elect Gina Hinojosa campaigned on a moratorium on new data center approvals, and Deutsche Bank analysts warned last week that SpaceX’s Texas compute capacity could face delays. SpaceX and Tesla shares both fell after the midterm results.
A slowdown would favor companies that already own capacity. SpaceX acquired xAI in February and has been renting data centers to outside AI labs before the space is needed for Grok. At the Baron Investment Conference on Friday, Musk said SpaceX was “getting 50 billion a year for 35 billion dollar investments” and that it can bring a data center online in eight or nine months, compared to two and a half years for competitors. He also said SpaceX is tracking toward an annualized revenue rate above $100 billion in December, with a “best guess” of $500 billion by December 2027.
Musk’s reply points to the other side of the clause. Anthropic has signed large compute agreements with Amazon, Google and Microsoft, and if that capacity comes online faster than new construction slows, the AI lab would have its own leverage to renegotiate or leave. Musk has called Anthropic “obviously currently the leader in AI,” and it remains one of SpaceX’s largest compute customers.
SpaceX shares rose more than 2 percent in overnight trading late Sunday after closing Friday at $134.27, according to Stocktwits.
Tesla and SpaceX shares fell on Wednesday after Democrats swept both chambers of Congress. The decline stood out as broader market securities recovered and turned positive, while both of Musk’s publicly traded companies lagged.
CEO Elon Musk already joked about the unsuccessful campaigning for the Republicans, but now the new party will make pretty drastic changes to how it handles Tesla and SpaceX, and those companies will adjust their outlook.
Let’s take a deeper look.
Tesla ($TSLA)
Tesla shares traded lower during the regular session after Democrats secured both the House and Senate. The stock was down 2.32 percent at around 1:45 p.m. on the East Coast, trading at around $389.30.
The pressure is tied to more than the raw scale of Musk’s political spending, estimated at $450–474 million this cycle with roughly $224 million directed at Texas. In that state, Tesla now faces a Democratic governor and a Democratic senator after Gina Hinojosa unseated Greg Abbott and James Talarico defeated Ken Paxton.
The Austin Gigafactory, Robotaxi pilot programs in multiple Texas cities, and any related AI compute expansion sit under a new state executive who campaigned against certain corporate subsidies and floated a moratorium on new data-center construction.
Federally, Democratic control of key committees opens the door to deeper examination of Tesla’s autonomous-driving safety record, federal energy-storage and manufacturing incentives, and the national-security implications of any combination with SpaceX.
Investors are also weighing whether the company’s historically close alignment with the prior Republican leadership will invite slower permitting, additional hearings, or tighter rules on Full Self-Driving deployment.
For Tesla, the political shift adds near-term friction around state permitting and federal regulatory approvals for autonomy and energy storage. A potential merger with SpaceX may face slower review even if it proceeds.
Core growth drivers such as vehicle deliveries, energy deployments, and robotaxi rollout remain intact, yet the stock now carries a higher political-risk premium that could weigh on valuation until the company demonstrates workable relationships with the new Texas leadership and congressional majorities.
SpaceX ($SPCX)
SpaceX shares also declined in live trading on November 4 following the Democratic midterm sweep. The stock traded at $134.97, down 4.49 percent. The drop occurred even as broader indexes stabilized, highlighting a company-specific reaction to the election outcome.
Musk’s large contributions, concentrated in Texas races that both companies lost, place SpaceX’s Starbase launch facility and headquarters under a new Democratic governor.
At the federal level, Democratic control of Congress enables greater scrutiny of NASA, the Department of Defense, and other contracts that support a meaningful share of revenue, along with reviews of Starlink national-security uses and any Tesla merger. Analysts have noted that empowered committees can hold hearings and request documents on these relationships.
For SpaceX, the results raise the risk of delayed contract awards, higher compliance costs, and tighter constraints on AI and satellite infrastructure expansion, particularly in Texas where a data-center moratorium has been discussed.
A merger with Tesla could encounter political friction that slows integration of launch, connectivity, and autonomy capabilities.
While Starlink growth and launch cadence continue as primary drivers, the company faces a more contested path for federal funding and state-level operations, requiring management to rebuild ties with the new congressional majorities and Texas leadership to limit the overhang.
Elon Musk
Elon Musk calls Earth’s data centers “peanuts” next to what SpaceX is planning in orbit
Elon Musk says SpaceX capex efficiency is underestimated as orbital data centers loom by 2028.
Elon Musk is pushing back on one of the biggest worries hanging over SpaceX stock. In a reply on X on Sunday, Musk said the company’s capital expenditure efficiency is severely underestimated. He was responding to a Milk Road Stocks post citing analyst Kyle Reidhead, who estimates SpaceX will need to spend roughly $470 billion over the next five quarters.
Reidhead built that figure around the target SpaceX set on its third quarter earnings call: 13 gigawatts or more of compute by the end of 2027. In his breakdown, Nvidia captures 83 to 89 percent of the spending. SpaceX ended the quarter with 1.7 GW of nameplate compute and guided to $35 billion to $40 billion in fourth quarter capex, as Teslarati reported.
Musk did not attach a number to his claim, but the earnings call shows the argument. CFO Bret Johnsen said new compute currently pays for itself in under a year at today’s pricing, and Musk said that window could shrink to six months next year. Using that pace, Reidhead argues about $230 billion of the $470 billion could come from operating cash flow and about $60 billion from SpaceX’s roughly $90 billion cash pile, leaving around $180 billion to borrow. Musk confirmed last week that SpaceX had already closed a new $40 billion debt raise to buy GPUs.
The ground buildout is not the end goal. It is what is meant to pay for the move to orbit. Replying on Friday to charts built from Sequoia partner Shaun Maguire’s SpaceX model, Musk wrote that “Terrestrial compute will be peanuts compared to orbital compute,” adding that orbital compute deployed per month “probably exceeds terrestrial around the end of 2028 and then far exceeds it in 2029.”
Maguire’s model shows how steep that path is. It has capex climbing from $88 billion this year to $290 billion in 2027 and $369 billion in 2028, with SpaceX burning $77.8 billion in cash this year and $122.6 billion next year before turning $114.9 billion cash positive in 2028. Musk’s response to the model was, “I think we can do better.”
The orbital half runs through Starmind. SpaceX plans to operate up to 1 million AI satellites flying in clusters of about 10, linked by roughly 10 terabits of bandwidth, with deployment of thousands of units starting as soon as late 2027 out of its Gigasat factory in Bastrop, Texas, according to SpaceX’s space safety page. Musk has said each Starmind spacecraft will carry more than 250 kW of solar power.
Getting there depends on launch volume. Maguire’s model assumes 250 Starship flights in 2028, up from two this year and 38 next year. The nearer test is financial: SpaceX guided to $33 billion to $37 billion in first quarter 2027 revenue, more than double the $14.58 billion it booked in Q3, and Musk reposted that guidance again on Sunday morning.
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