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Tesla and Elon Musk denied court hearing over CEO’s SEC harassment claims

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Tesla and Elon Musk’s efforts to strike back at the Securities and Exchange Commission over the agency’s alleged harassment of the CEO and his First Amendment rights appear to have met their first roadblock. In a two-page order on Thursday, US District Judge Alison Nathan denied Musk and Tesla’s request for a court hearing on their claims that the SEC was targeting the company and the CEO with unrelenting investigations. 

On February 17, Tesla lawyer Alex Spiro submitted a letter to the US District Court for the Southern District of New York outlining the company and Musk’s complaints about the SEC. The letter alleged that the agency had been targeting Musk since the CEO is an outspoken critic of the government. The complaint also alleged that the SEC was taking too long to distribute Musk and Tesla’s $40 million fine to TSLA shareholders, which were paid following the CEO’s “funding secured” fiasco in 2018, more than three years ago. 

Tesla and Musk asked for a court conference to discuss its complaints. However, in a two-page order on Thursday, US District Judge Alison Nathan denied the EV maker and CEO’s request, stating that it wasn’t clear what Tesla and Musk were asking for in their letter. The judge also suggested that Tesla and Musk should file a proper request with the court if they seek relief. “The defendants’ precise application to the Court is unclear,” Nathan wrote

Musk and the SEC’s feud has been quite notable as of late. Earlier this week, Spiro submitted another letter addressed to Judge Nathan alleging that at least one member of the SEC staff leaked certain information regarding its investigation. “This leak is emblematic of the vindictive, improper conduct that occasioned my letter: the SEC is retaliating against Mr. Musk and Tesla, without answering to the constraints of principle or law in so doing,” the letter read. 

Musk also recently noted on Twitter that while he did not start the fight with the SEC, he would be the one to finish it. The executive also remarked that he has been “building a case” against the agency. 

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The SEC, for its part, has denied Tesla and Musk’s claims in its own letter to the judge. The agency argued that it had made it a point to speak and communicate with Tesla and Musk before issues were raised in court. The SEC also rejected the notion that it was taking too long to distribute the $40 million fine to TSLA shareholders since the process for doing so was extremely complex. The agency did note, however, that a plan to share and distribute the funds to TSLA investors should be ready around March 2022. 

More recently, reports emerged stating that the SEC had launched an investigation on whether Musk and his brother Kimbal violated securities law when they sold TSLA shares last year. 

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Investor's Corner

Tesla gets bold Robotaxi prediction from Wall Street firm

Last week, Andrew Percoco took over Tesla analysis for Morgan Stanley from Adam Jonas, who covered the stock for years. Percoco seems to be less optimistic and bullish on Tesla shares, while still being fair and balanced in his analysis.

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Tesla (NASDAQ: TSLA) received a bold Robotaxi prediction from Morgan Stanley, which anticipates a dramatic increase in the size of the company’s autonomous ride-hailing suite in the coming years.

Last week, Andrew Percoco took over Tesla analysis for Morgan Stanley from Adam Jonas, who covered the stock for years. Percoco seems to be less optimistic and bullish on Tesla shares, while still being fair and balanced in his analysis.

Percoco dug into the Robotaxi fleet and its expansion in the coming years in his latest note, released on Tuesday. The firm expects Tesla to increase the Robotaxi fleet size to 1,000 vehicles in 2026. However, that’s small-scale compared to what they expect from Tesla in a decade.

Tesla expands Robotaxi app access once again, this time on a global scale

By 2035, Morgan Stanley believes there will be one million Robotaxis on the road across multiple cities, a major jump and a considerable fleet size. We assume this means the fleet of vehicles Tesla will operate internally, and not including passenger-owned vehicles that could be added through software updates.

He also listed three specific catalysts that investors should pay attention to, as these will represent the company being on track to achieve its Robotaxi dreams:

  1. Opening Robotaxi to the public without a Safety Monitor. Timing is unclear, but it appears that Tesla is getting closer by the day.
  2. Improvement in safety metrics without the Safety Monitor. Tesla’s ability to improve its safety metrics as it scales miles driven without the Safety Monitor is imperative as it looks to scale in new states and cities in 2026.
  3. Cybercab start of production, targeted for April 2026. Tesla’s Cybercab is a purpose-built vehicle (no steering wheel or pedals, only two seats) that is expected to be produced through its state-of-the-art unboxed manufacturing process, offering further cost reductions and thus accelerating adoption over time.

Robotaxi stands to be one of Tesla’s most significant revenue contributors, especially as the company plans to continue expanding its ride-hailing service across the world in the coming years.

Its current deployment strategy is controlled and conservative to avoid any drastic and potentially program-ruining incidents.

So far, the program, which is active in Austin and the California Bay Area, has been widely successful.

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Tesla analyst realizes one big thing about the stock: deliveries are losing importance

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Credit: Joe Tegtmeyer | YouTube

Tesla analyst Dan Levy of Barclays realized one big thing about the stock moving into 2026: vehicle deliveries are losing importance.

As a new era of Tesla seems to be on the horizon, the concern about vehicle deliveries and annual growth seems to be fading, at least according to many investors.

Even CEO Elon Musk has implied at times that the automotive side, as a whole, will only make up a small percentage of Tesla’s total valuation, as Optimus and AI begin to shine with importance.

He said in April:

“The future of the company is fundamentally based on large-scale autonomous cars and large-scale and large volume, vast numbers of autonomous humanoid robots.”

Levy wrote in a note to investors that Tesla’s Q4 delivery figures “likely won’t matter for the stock.” Barclays said in the note that it expects deliveries to be “soft” for the quarter.

In years past, Tesla analysts, investors, and fans were focused on automotive growth.

Cars were truly the biggest thing the stock had to offer: Tesla was a growing automotive company with a lot of prowess in AI and software, but deliveries held the most impact, along with vehicle pricing. These types of things had huge impacts on the stock years ago.

In fact, several large swings occurred because of Tesla either beating or missing delivery estimates:

  • January 3, 2022: +13.53%, record deliveries at the time
  • January 3, 2023: -12.24%, missed deliveries
  • July 2, 2024: +10.20%, beat delivery expectations
  • October 3, 2022: -8.61%, sharp miss due to Shanghai factory shutdown
  • July 2, 2020: +7.95%, topped low COVID-era expectations with sizeable beat on deliveries

It has become more apparent over the past few quarters that delivery estimates have significantly less focus from investors, who are instead looking for progress in AI, Optimus, Cybercab, and other projects.

These things are the future of the company, and although Tesla will always sell cars, the stock is more impacted by the software the vehicle is running, and not necessarily the vehicle itself.

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Investor's Corner

SpaceX IPO is coming, CEO Elon Musk confirms

However, it appears Musk is ready for SpaceX to go public, as Ars Technica Senior Space Editor Eric Berger wrote an op-ed that indicated he thought SpaceX would go public soon. Musk replied, basically confirming it.

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Joel Kowsky, Public domain, via Wikimedia Commons

Elon Musk confirmed through a post on X that a SpaceX initial public offering (IPO) is on the way after hinting at it several times earlier this year.

It also comes one day after Bloomberg reported that SpaceX was aiming for a valuation of $1.5 trillion, adding that it wanted to raise $30 billion.

Musk has been transparent for most of the year that he wanted to try to figure out a way to get Tesla shareholders to invest in SpaceX, giving them access to the stock.

He has also recognized the issues of having a public stock, like litigation exposure, quarterly reporting pressures, and other inconveniences.

However, it appears Musk is ready for SpaceX to go public, as Ars Technica Senior Space Editor Eric Berger wrote an op-ed that indicated he thought SpaceX would go public soon.

Musk replied, basically confirming it:

Berger believes the IPO would help support the need for $30 billion or more in capital needed to fund AI integration projects, such as space-based data centers and lunar satellite factories. Musk confirmed recently that SpaceX “will be doing” data centers in orbit.

AI appears to be a “key part” of SpaceX getting to Musk, Berger also wrote. When writing about whether or not Optimus is a viable project and product for the company, he says that none of that matters. Musk thinks it is, and that’s all that matters.

It seems like Musk has certainly mulled something this big for a very long time, and the idea of taking SpaceX public is not just likely; it is necessary for the company to get to Mars.

The details of when SpaceX will finally hit that public status are not known. Many of the reports that came out over the past few days indicate it would happen in 2026, so sooner rather than later.

But there are a lot of things on Musk’s plate early next year, especially with Cybercab production, the potential launch of Unsupervised Full Self-Driving, and the Roadster unveiling, all planned for Q1.

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