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The SEC’s obsession with Elon Musk’s Twitter is still alive and well

Photo: Boss Hunting.com.au

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Tesla CEO Elon Musk’s Twitter feed was being questioned by SEC regulators last year, as the agency stated that his social media account had violated a court-ordered policy from a 2018 settlement that would require his Tweets to be pre-approved by company lawyers.

After Musk tweeted that he was interested in taking Tesla stock private at $420 a share in 2018, the SEC alleged that the CEO had committed fraud by communicating a potential buyout of the electric car company. The case was later settled by the SEC, Tesla, and Musk, who was required to pay $20 million in fines. Tesla also was required to pay a penalty of the same amount, and the settlement required Musk’s tweets to be examined and approved before he sent them out. Musk was also required to step down as Tesla’s chairman, a position that he would be ineligible to be re-elected to for three years, the SEC settlement said.

Musk paid the penalties and stepped down as the Chairman of the Board. However, in an interview with 60 Minutes, he admitted that he was not having his tweets regulated by company attorneys and that the First Amendment protected his speech. “Twitter is a warzone,” Musk said. “I do not respect the SEC,” he also said in the interview.

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Now, The Wall Street Journal is reporting that it has uncovered several documents from the SEC that indicated that Musk violated the court-ordered pre-approval of his tweets last year. The SEC told Tesla in May 2020 that it had failed “to enforce these procedures and controls despite repeated violations by Mr. Musk.” A former SEC Senior Official named Steven Buchholz signed the letter and stated that Tesla failed to oblige by the settlement that was agreed to.

The WSJ said it obtained the documents through a Freedom of Information Act request.

Musk’s Twitter activity was difficult to regulate. The SEC asked a New York City court to consider holding Musk in contempt of court in February 2019, but the Judge said that the dispute needed to be settled, and the SEC agreed to modify the terms of the settlement. Instead, certain topics would be required for pre-approval and included anything regarding production figures, Tesla’s financials, and potential business ventures. Musk tweeted an update in July 2019 that updated his followers on his expectations for Tesla’s Solar Roof production rate and hoped that the company could manufacture 1,000 units per week by the end of the year.

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Tesla told the SEC that the tweet didn’t require approval because it was “wholly aspirational,” meaning that it was just a hope of Musk’s and that production wouldn’t necessarily reach that level. It was a goal, not an update.

Musk then tweeted that “Tesla’s stock price is too high imo” in May 2020, another tweet that put the SEC into the realm of questioning Musk’s Twitter usage. According to the WSJ, Tesla once again didn’t review the tweet because it was Musk’s opinion.

In response to Tesla’s decision not to review the tweet, the SEC wrote (via Wall Street Journal):

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“In the face of Mr. Musk’s repeated refusals to submit his covered written communications on Twitter to Tesla for pre-approval, we are very concerned by Tesla’s repeated determinations that there have been no policy violations because of purported carve-outs.”

Tesla’s attorneys said later that month that regulators have attempted to “harass Tesla and silence Mr. Musk” with repeated investigations.

Attorney Alex Spiro was concerned that the SEC was simply targeting Musk. “The serial nature of these investigations leaves us gravely concerned that the SEC is targeting Mr. Musk for an improper purpose,” Spiro wrote.

The SEC requested that Tesla reconsider its positions in the investigations to “prevent further shareholder harm.”

A June 2020 letter from the SEC said:

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“We urge the company to reconsider its positions in this matter by acting to implement and enforce disclosure controls and procedures…to prevent further shareholder harm.”

The rivalry between the SEC and Musk continues, it seems, with no real end in sight. Spiro’s claims that the SEC is targeting Musk align with the fact that the agency has repeatedly gone after the Tesla CEO with the basis that he is manipulating stock prices or affecting shareholder integrity. In reality, Musk’s ability to tweet is protected by his First Amendment right, and a shareholder decides to buy or sell a stock, not Musk.

What do you think? Let us know in the comments below, or be sure to email me at joey@teslarati.com or on Twitter @KlenderJoey.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla loses Model Y program manager in second blow in single day

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Credit: Tesla Manufacturing

Tesla has lost its Model Y Program Manager, he announced on LinkedIn, marking the second major departure from the company today.

Emmanuel Lamacchia has been in the role for 4 years and 7 months, responsible for the rollout of the all-electric crossover in several markets.

The Model Y became the best-selling vehicle in the world for two years under Lamacchia’s watch, making this a huge loss for the company. However, it seems the decision was made under Lamacchia’s own initiative.

He confirmed his decision on LinkedIn:

“After 8 incredible years, I’m moving on from Tesla.

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What a journey it’s been… from leading NPI for Model 3 and Model Y variants to becoming the Vehicle Program Manager for Model Y, the best-selling car in the world!

Leading the All-New Model Y launch was the highlight: converting all 4 factories across 3 continents in just 2 weeks. Something that had never been done before in the auto industry.

To the teams who made this possible: you should be incredibly proud. This achievement belongs to you: the engineers, designers, buyers, and associates in Fremont, Shanghai, Berlin, and Austin who turned an impossible timeline into reality.

Grateful to the leaders who trusted me with programs that stretched my capabilities and to the cross-functional partners who showed me that great solutions come from collaboration, not hierarchy.

Tesla taught me how to move fast without breaking things and how to scale from prototypes to millions of units.

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Excited for what’s next. More to share soon.”

It marks the second major program loss for Tesla today, as it also bid farewell to Cybertruck and Model 3 Program Manager Siddhant Awasthi, who said he left voluntarily in “one of the hardest decisions of his life.”

Tesla Cybertruck and Model 3 program manager steps down

Lamacchia was at Tesla for just a shade under eight years, and previously worked for Rolls-Royce for roughly the same amount of time.

After the loss of both Lamacchia and Awasthi today, Tesla has lost a handful of key executives in 2025, including:

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  • David Imai, Director of Design
  • David Lau, VP of Software Engineering
  • Mark Westfall, Head of Mechanical Engineering
  • Prashant Menon, Regional Director in India
  • Vineet Mehta, Head of Battery Architecture
  • Omead Afshar, VP/Head of Sales and Manufacturing in North America
  • Milan Kovac, Head of Optimus Team
  • Jenna Ferrua, Director of HR
  • Troy Jones, VP of Sales, Service, and Delivery
  • Pete Bannon, VP of Hardware Engineering
  • Piero Landolfi, Director of Service
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Tesla prepares to expand Giga Texas with new Optimus production plant

Drone operator Joe Tegtmeyer recognized Tesla construction crews performing ground leveling and clearing efforts at the plant earlier today.

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Credit: Tesla Optimus | X

Tesla is preparing to expand Gigafactory Texas once again with a brand new facility that will house the eventual manufacturing efforts for Optimus, its humanoid robot.

It is already building some units on a Pilot line at the Fremont Factory in Northern California, but Tesla is planning to build the vast majority of its Optimus project at Gigafactory Texas.

Tesla Optimus gets its latest job, and it’s not in the company’s factories

It will build one million units per year in Fremont, but CEO Elon Musk said the company would build 10 million units every year in Texas at a new building at Giga Texas.

Musk said:

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“I think there could be tens of billions of Optimus robots out there. Um, now obviously it’s very important we pay close attention to safety here. Then a 10 million unit uh per year production line here the I don’t know where we’re going to put the 100 million unit production line. on Mars. Maybe on Mars, I don’t know.”

Evidently, Tesla is ready to begin thinking about the production efforts of Optimus beyond a theoretical standpoint and is starting to prepare for the construction of the manufacturing plant on Giga Texas property.

Drone operator Joe Tegtmeyer recognized Tesla construction crews performing ground leveling and clearing efforts at the plant earlier today:

Production is still slated for 2027, at least at Gigafactory Texas. As previously mentioned, the company is building some units in Fremont for the time being, at least until subsequent versions of the Optimus project advance.

Tesla has done a great job of advancing Optimus forward, but it also has truly grand expectations for the project.

Musk said it could potentially be the biggest product in the history of the planet, as it will revolutionize the way humans perform tasks, probably eliminating monotonous tasks from everyday life.

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Tesla reveals its first Semi customer after launch

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Credit: Tesla

Tesla revealed its first customer for the all-electric Semi truck after it launches next year. Who it truly is should not be a surprise.

The Semi is going to finally start deliveries to new companies outside of Tesla’s pilot program starting in 2026. The company has been building a dedicated production facility in Reno, Nevada, that has finally taken shape, but Tesla was evidently not finished with the Semi’s development.

Tesla shares rare peek at Semi factory’s interior

Last week at the Annual Shareholder Meeting, Tesla said it had implemented some new designs into the Semi, helping with efficiency, updating its design, and making it a more suitable vehicle for hauling loads, as the changes also helped increase payload.

Tesla has obtained a lengthy list of companies that have committed to implementing the Semi in their own fleets, hoping to bring their logistics lineups up to date with electric powertrains and autonomous technologies.

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While it is already operating a pilot program with PepsiCo. and Frito-Lay, Tesla will expand to other businesses, primarily using it internally after its launch.

Head of the Semi program at Tesla, Dan Priestley, said the company would be the first user of the vehicle after its launch next year. It has been using it to a certain extent, but the company has not been able to completely abandon gas haulers.

Instead, it will implement the Semi into its fleet for more sustainable vehicle logistics starting next year:

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Tesla has already received orders for the Semi from a variety of large companies, including Walmart, Sysco, Anheuser-Busch, UPS, DHL, J.B. Hunt, among others.

Many analysts see the Tesla Semi as a major contributor to future growth and increasing value within the company, especially from a Wall Street perspective. Some firms say the Semi is one of several near and medium-term contributors to the company increasing its market cap.

Cantor Fitzgerald is just one of those firms, as last week it explicitly listed the Semi as a catalyst.

Analyst Andres Sheppard said, “Overall, we remain bullish on TSLA over the medium to long term. We continue to see meaningful future upside from Energy Storage & Deployment, FSD, Robotaxis/Cybercab, Semis, and Optimus Bots.”

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