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.
Investor's Corner
Tesla’s flying Roadster just revealed something bigger than the car
Analysts say the Roadster demo puts a Tesla and SpaceX merger back on the table.
The Roadster unveiling near Waco ended Thursday night, and by Friday morning much of the investor reaction had less to do with the car than with who owns the rocket technology inside it.
Wedbush analyst Dan Ives said the event “puts the Tesla/SpaceX relationship on the table in a tangible way,” pointing to the propulsion, pressure vessel and control hardware sitting on a Tesla product. Gene Munster of Deepwater Asset Management called the demo “a ridiculous display of engineering” with “no commercial value” beyond embarrassing traditional automakers, though he said it showed Musk wants the two companies together.
The more specific forecast came a day earlier from Barclays. Analyst Dan Levy told clients a deal could be announced before Tesla’s annual meeting, which must happen by December 6, and that an announcement in late October or early November could make shareholder approval harder. Barclays expects SpaceX to be the buyer in an all stock deal, with Tesla holders receiving SpaceX shares at a premium, based on market values of roughly $2.1 trillion for SpaceX and $1.5 trillion for Tesla. If nothing lands around the meeting, the bank still sees an announcement within 6 to 12 months.
The Roadster demo just added more weight to merger speculations. Tesla’s demo used cold gas thrusters and pressure tanks of the kind SpaceX uses on Falcon 9, and Musk described the car as a collaboration between Tesla and SpaceX engineers, as we mentioned in our breakdown of the three Roadster configurations.
Musk has not publicly addressed a deal since the event, as far as we have seen. His most direct answer remains the one he gave at the All In Summit, when he said that with so much collaboration, “who can imagine what action one might take” without ruling anything out. Ives has held to a 2027 timeline since his March note, and Musk pushed back on the China piece of the speculation when ARK floated a year end announcement in August.
The next test is Tesla’s third quarter earnings call on October 21. However, we recall in July that Musk told analysts, “we can’t talk about combining companies and that kind of thing on an earnings call,” so a clear answer wouldn’t be expected.
Elon Musk
Elon Musk breaks his silence on the Starlink impact to Ukraine drones
Musk says the US military and president set Starshield limits, not SpaceX, amid Ukraine complaints.
Elon Musk says the speed limit cutting out Ukraine’s military Starlink terminals is not SpaceX’s decision. In a post on X Wednesday, Musk wrote that “Starshield systems are owned and controlled by the US government. Any limits on speed or usage are decided by the US military and ultimately POTUS.” He added that Starlink is a commercial service limited to civilian or defensive activities and “cannot be used for offensive military action, as doing so would be inappropriate for a commercial company.”
He was replying to Mykhailo Fedorov, Ukraine’s former defense minister, who had thanked Musk for restoring connectivity at speeds up to 160 km/h and said removing the Starshield limit entirely is “now critical for Ukraine’s defense.”
Starshield systems are owned and controlled by the US government. Any limits on speed or usage are decided by the US military and ultimately POTUS.
Starlink is a commercial service owned and controlled by SpaceX. Usage of Starlink is limited to civilian or defensive activities and cannot be used for offensive military action, as doing so would be inappropriate for a commercial company.
— Elon Musk (@elonmusk) October 14, 2026
The complaint started Tuesday night, when Ukrainian officials said military terminals began losing service above roughly 100 mph. Presidential adviser Serhiy Beskrestnov said the defense forces got no warning and several missions were disrupted, as Teslarati reported earlier Wednesday. The 7th Rapid Reaction Corps told Reuters connections dropped for 10 to 20 seconds at speeds well below the limit, which made drones harder to control. Poland’s foreign minister, Radoslaw Sikorski, asked Musk on X whether he is “playing politics with your products again.”
That is why the Starlink and Starshield distinction matters. SpaceX introduced Starshield in 2022 as the government version of Starlink, with an initial focus on Earth observation, communications and hosted payloads. It won a Space Force contract in 2023 with a $70 million ceiling. In December 2024, the Pentagon moved Ukraine’s terminals onto Starshield, covering about 3,000 units across two contracts. Ukraine’s military connections therefore run through a service that Musk now says sits under Washington’s control.
While Musk’s post describes who holds authority, it does not infer that anyone ordered the limit, and neither SpaceX nor the US government has confirmed who set it. Ukrainian officials have pointed to the timing, which follows President Trump’s push for an energy ceasefire and Musk’s Saturday post that “Zelensky has gone too far.” The BBC noted Trump denied threatening to restrict intelligence sharing with Kyiv, and no evidence has been presented that Washington requested the cap.
The episode also revives a promise from 2025. After Poland accused him of threatening Ukraine’s access, Musk said Starlink “will never turn off its terminals” and would not be used as a bargaining chip. Poland has since supplied more than 29,000 terminals to Ukraine. Teslarati also covered Kyiv’s search for Starlink alternatives in 2025, and the latest dispute gives that search new urgency.
Investor's Corner
Tesla opens the Q&A for its biggest earnings call yet
Tesla opens its Q3 earnings Q&A, and Cybercab, Robotaxi, Optimus and regulators loom over October 21.
Tesla has opened its shareholder question portal for the Q3 2026 earnings call, with the Say Q&A page already listing questions. Investors have until 4:00 p.m. EDT on October 20 to submit and vote on what management should answer.
The call is set for Wednesday, October 21. Tesla will post results after the market closes, with a live webcast at 4:30 p.m. CT, or 5:30 p.m. ET, through its investor relations site.
Say ranks questions by the number of shares behind the votes, which gives institutional holders extra weight over the retail crowd.
Ahead of Q2, retail investors asked why Robotaxi growth had stalled, when Cybercab would start customer rides, and where the Optimus Gen 3 ramp stood, while an institutional holder asked how Tesla and SpaceX would split Terafab duties. Cybercab has since answered one of those. Tesla said last week it has 300 plus Cybercabs serving Austin, up eightfold in 30 days, with Dallas named as the next city. The questions now are likely to move from when to how fast.
There is also a regulatory question hanging over the call. NHTSA has demanded sworn answers on how the pedal free Cybercab was certified against federal safety standards, with responses due October 30, nine days after the call. Whether an analyst raises it live is unknown, but it is the kind of exposure that tends to find its way into a Q&A.
The numbers will not be the main draw. Tesla already reported 486,532 deliveries and 13.7 GWh of storage for the quarter. Consensus sits around 43 to 45 cents per share on roughly $27.8 billion in revenue, according to Zacks, after a Q2 report that missed on EPS. Goldman Sachs, which holds a Neutral rating and a $360 target, argues the outlook for Robotaxi, FSD and Optimus will matter more to the stock than the quarter itself.
The call also lands six days after the rescheduled Roadster event, which Tesla will stream on X on Thursday, October 15, at 7:55 p.m. CT. If the Roadster shows up with a production date or a SpaceX thruster package, expect it to climb the voting list before the deadline.
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