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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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4 years ago

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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.

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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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Why Tesla’s Q3 could be one of its biggest quarters in history

Tesla could stand to benefit from the removal of the $7,500 EV tax credit at the end of Q3.

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5 hours ago

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July 3, 2025

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(Credit: Tesla)

Tesla has gotten off to a slow start in 2025, as the first half of the year has not been one to remember from a delivery perspective.

However, Q3 could end up being one of the best the company has had in history, with the United States potentially being a major contributor to what might reverse a slow start to the year.

Earlier today, the United States’ House of Representatives officially passed President Trump’s “Big Beautiful Bill,” after it made its way through the Senate earlier this week. The bill will head to President Trump, as he looks to sign it before his July 4 deadline.

The Bill will effectively bring closure to the $7,500 EV tax credit, which will end on September 30, 2025. This means, over the next three months in the United States, those who are looking to buy an EV will have their last chance to take advantage of the credit. EVs will then be, for most people, $7,500 more expensive, in essence.

The tax credit is available to any single filer who makes under $150,000 per year, $225,000 a year to a head of household, and $300,000 to couples filing jointly.

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Ending the tax credit was expected with the Trump administration, as his policies have leaned significantly toward reliance on fossil fuels, ending what he calls an “EV mandate.” He has used this phrase several times in disagreements with Tesla CEO Elon Musk.

Nevertheless, those who have been on the fence about buying a Tesla, or any EV, for that matter, will have some decisions to make in the next three months. While all companies will stand to benefit from this time crunch, Tesla could be the true winner because of its sheer volume.

If things are done correctly, meaning if Tesla can also offer incentives like 0% APR, special pricing on leasing or financing, or other advantages (like free Red, White, and Blue for a short period of time in celebration of Independence Day), it could see some real volume in sales this quarter.

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Tesla is just a shade under 721,000 deliveries for the year, so it’s on pace for roughly 1.4 million for 2025. This would be a decrease from the 1.8 million cars it delivered in each of the last two years. Traditionally, the second half of the year has produced Tesla’s strongest quarters. Its top three quarters in terms of deliveries are Q4 2024 with 495,570 vehicles, Q4 2023 with 484,507 vehicles, and Q3 2024 with 462,890 vehicles.

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Tesla Full Self-Driving testing continues European expansion: here’s where

Tesla has launched Full Self-Driving testing in a fifth European country ahead of its launch.

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9 hours ago

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July 3, 2025

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Credit: Tesla

Tesla Full Self-Driving is being tested in several countries across Europe as the company prepares to launch its driver assistance suite on the continent.

The company is still working through the regulatory hurdles with the European Union. They are plentiful and difficult to navigate, but Tesla is still making progress as its testing of FSD continues to expand.

Today, it officially began testing in a new country, as more regions open their doors to Tesla. Many owners and potential customers in Europe are awaiting its launch.

On Thursday, Tesla officially confirmed that Full Self-Driving testing is underway in Spain, as the company shared an extensive video of a trip through the streets of Madrid:

The launch of Full Self-Driving testing in Spain marks the fifth country in which Tesla has started assessing the suite’s performance in the European market.

Across the past several months, Tesla has been expanding the scope of countries where Full Self-Driving is being tested. It has already made it to Italy, France, the Netherlands, and Germany previously.

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Tesla has already filed applications to have Full Self-Driving (Supervised) launched across the European Union, but CEO Elon Musk has indicated that this particular step has been the delay in the official launch of the suite thus far.

In mid-June, Musk revealed the frustrations Tesla has felt during its efforts to launch its Full Self-Driving (Supervised) suite in Europe, stating that the holdup can be attributed to authorities in various countries, as well as the EU as a whole:

Tesla Full Self-Driving’s European launch frustrations revealed by Elon Musk

“Waiting for Dutch authorities and then the EU to approve. Very frustrating and hurts the safety of people in Europe, as driving with advanced Autopilot on results in four times fewer injuries! Please ask your governing authorities to accelerate making Tesla safer in Europe.”

Tesla said last year that it planned to launch Full Self-Driving in Europe in 2025.

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xAI’s Memphis data center receives air permit despite community criticism

xAI welcomed the development in a post on its official xAI Memphis account on X.

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11 hours ago

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July 3, 2025

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Elon Musk’s artificial intelligence startup xAI has secured an air permit from Memphis health officials for its data center project, despite critics’ opposition and pending legal action. The Shelby County Health Department approved the permit this week, allowing xAI to operate 15 mobile gas turbines at its facility.

Air permit granted

The air permit comes after months of protests from Memphis residents and environmental justice advocates, who alleged that xAI violated the Clean Air Act by operating gas turbines without prior approval, as per a report from WIRED. 

The Southern Environmental Law Center (SELC) and the NAACP has claimed that xAI installed dozens of gas turbines at its new data campus without acquiring the mandatory Prevention of Significant Deterioration (PSD) permit required for large-scale emission sources.

Local officials previously stated the turbines were considered “temporary” and thus not subject to stricter permitting. xAI applied for an air permit in January 2025, and in June, Memphis Mayor Paul Young acknowledged that the company was operating 21 turbines. SELC, however, has claimed that aerial footage shows the number may be as high as 35.

Critics are not giving up

Civil rights groups have stated that they intend to move forward with legal action. “xAI’s decision to install and operate dozens of polluting gas turbines without any permits or public oversight is a clear violation of the Clean Air Act,” said Patrick Anderson, senior attorney at SELC. 

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“Over the last year, these turbines have pumped out pollution that threatens the health of Memphis families. This notice paves the way for a lawsuit that can hold xAI accountable for its unlawful refusal to get permits for its gas turbines,” he added.

Sharon Wilson, a certified optical gas imaging thermographer, also described the emissions cloud in Memphis as notable. “I expected to see the typical power plant type of pollution that I see. What I saw was way worse than what I expected,” she said.

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