Investor's Corner
Tesla’s Elon Musk faces the SEC in hearing over contempt charges (Updates)
The day after the release of Tesla’s Q1 vehicle delivery and production report, CEO Elon Musk headed to a Manhattan courthouse to face the charges leveled against him by the Security and Exchange Commission (SEC). The SEC accused Musk of violating the terms of his settlement with the agency when the CEO tweeted on February 19 that Tesla will produce around 500k vehicles in 2019, echoing one of his statements from the Q4 2018 earnings call.
Musk arrived in the courthouse on Thursday in light spirits. Smiling to cameras, the Tesla CEO told reporters that he respects the American justice system. “I have great respect for the justice system and I think the judges in the American system are outstanding,” Musk said. When prompted by veteran CNBC reporter Phil LeBeau if he feels the same way about the SEC, Musk laughed and walked forward.
The SEC’s arguments
The courtroom was packed as Elon Musk and the SEC’s legal team faced off before U.S. District Judge Alison Nathan. Each side is given 45 minutes to express their arguments. The agency went first, represented by SEC attorney Cheryl Crumpton, who immediately claimed that Musk “recklessly tweeted out information that has no basis in fact (credit to Matt Robinson of Bloomberg, who is currently conducting a Live Blog of the hearing).”
Explaining further, Crumpton stated that the requirement that Musk get pre-approval for his tweets was “the heart of the relief” that the government had sought as part of its settlement. The SEC lawyer also noted it has become pretty clear “over the course of the last few weeks” that Musk does not intend to comply with last year’s settlement terms. Crumpton added that the agreement does not require every single tweet to be pre-approved, provided that the information in the posts was immaterial. “The communication we are talking about here is very, very different,” she said.
The SEC lawyer also pointed the blame to Tesla, who allegedly is failing to control the conduct of its CEO. “Tesla’s conduct is also troubling to the SEC. This court ordered Tesla to implement a mandatory pre-approval process, but they are apparently fine with Mr. Musk making up his own procedure. Tesla still seems unwilling to exercise any meaningful control over the conduct of its CEO,” Crumpton replied.
Judge Nathan, for her part, asked the SEC lawyer if Musk would need to get approval for tweets that reiterated information that had already been disclosed. The judge went through different hypotheticals with the SEC lawyer, such as repeating earlier guidance. “We’re not saying always yes or always no to that. It depends is the answer,” Crumpton said.
“This is a material statement no matter how you cut it, and it was a violation to not get it pre-approved,” Crumpton added.
For his alleged violations of his settlement, the SEC lawyer called on the court to give Musk a series of escalating fines if he continues to violate the order. Crumpton also stated that the SEC wants the court to order Musk to report monthly on his compliance with the settlement. “We want the court to tell them that this has to observed in the way that it’s written,” the SEC lawyer said.
Response from Tesla’s legal team
With the SEC having completed its argument, it was time for Elon Musk’s legal team to argue their points. Tesla lawyer John Hueston stated that “it’s very clear that Mr. Musk retained discretion in the policy. The policy makes clear that the tweet is subject to a fact-based determination by Mr. Musk.” The Tesla lawyer also stated that Musk’s decision to decide what’s material information was negotiated. “That’s exactly what Tesla negotiated for and got,” Hueston said.
The Tesla lawyer also argued that the SEC is currently pretending to be shocked that Musk gets to decide what is material information and what is not, but that is exactly what the the order says. “They agreed to take out language saying that everything has to be approved. There has to be an oversight process and there is an oversight process. They’re not happy about that today,” he said.
Musk’s legal team stated there is not a clear enough standard to use the harsh recourse of contempt. Instead, Hueston stated that the SEC should have attempted to work things out with Elon Musk and Tesla before bringing the matter to court. “What the SEC should have done was approach in good faith and try to work things out,” the Tesla lawyer said. In response, Judge Nathan noted that her intent is “not only to invite it but to order it.” The judge also added that she will tell the parties to create a new agreement that incorporates the SEC’s concerns.
Addressing Musk’ counsel, Judge Nathan inquired about a scenario in which the CEO will be violating the terms of his settlement with the SEC. When the Tesla lawyer noted that he couldn’t think of one, the judge replied “You’re not very imaginative.”
Continuing his points, Hueston noted that the 15 post-order tweets that were cited by SEC as proof of Musk’s violation of his settlement shows that the agency believes “that, apparently, contempt can fall on him for things that he’s tweeting” even if the information had already been disclosed. “They have not shown that the proof of non-compliance is clear and convincing. This is not someone who’s wantonly saying he doesn’t care about processes and procedures. That’s someone who is trying his best to comply and has been diligent,” the Tesla lawyer said (credit to Bloomberg‘s Chris Dolmetsch for the update).
The SEC’s Rebuttal
The SEC lawyer returned stating that the agency did not rush into its request to have Musk held in contempt at all. “Its not that we rushed into court on the first opportunity. There have been a number of tweets over time.” Crumpton further added that the SEC assumed Musk will comply with the terms of his settlement despite his statements in 60 Minutes, where he explicitly commented that he does not respect the SEC.
Hearing Adjourned
Following the SEC’s rebuttal, Judge Nathan asserted that compliance with court orders is not optional, nor is it a game, regardless of whether you are a “small potato or a big fish.” She also noted that government lawyers must take all steps necessary to reach a resolution before invoking contempt, before adding that she has “serious concerns that whatever I decide here the issue will not be finally resolved.”
Judge Nathan ordered the two parties to arrange a meeting and send a letter to the court within two weeks. The parties will be required to indicate if they have reached an agreement or not. If no agreement is reached then, Elon Musk’s legal team and the SEC will hear from her in due course.
The hearing was adjourned after. In a statement following the hearing, Musk stated that he was “very impressed with Judge Nathan’s analysis.”
Elon Musk
Tesla and SpaceX merger talks hit a new stage, and one hurdle remains
Tesla and SpaceX merger talks are reportedly advancing, and a deal could arrive by December.
Tesla and SpaceX are moving closer to a combination, with a deal announcement possible as soon as December, Bloomberg reported on Thursday, citing people familiar with the matter. The companies have also discussed a scenario in which the announcement slips into early 2027.
Boards and advisers on both sides are now working through the terms of the deal and the governance structure of the combined company, according to the report. One open item is how many SpaceX shares Tesla investors would receive. Bloomberg had previously reported that the two companies were aiming to announce a deal in the first half of next year and close it before the end of President Donald Trump’s term, so a December announcement would pull that schedule forward by months.
Tesla shares rose as much as 1.9% to $398.35 after the report, while SpaceX gained 0.6% to $140.63. SpaceX carries a market value of about $1.9 trillion following its June IPO, and Tesla is valued at about $1.55 trillion, which would make a combination the largest corporate deal on record. Neither company responded to requests for comment.
The talks became official on October 20, when Elon Musk said on SpaceX’s third quarter earnings call that both companies had formed special committees of independent directors to study a merger, as Teslarati reported. Musk said he could not take part because he is “a conflicted party” and called the process “an odd kabuki dance.” He also noted that Tesla would need approval from 50 percent of all outstanding shares, a bar the company missed in 2025 when a board declassification proposal won support from only 39.4 percent.
China remains the biggest structural problem. Bloomberg’s sources said the companies still need to work out how to isolate Tesla’s large and profitable manufacturing business in China from SpaceX’s U.S. government and defense contracts. JPMorgan analyst Rajat Gupta described those two factors last month as “key dynamics that are at odds with each other” for regulatory and shareholder approval. Musk has repeatedly said Tesla has no plans to separate its China business, a position he restated in August after ARK Invest predicted a merger announcement before the end of the year.
Washington adds another layer. Democrats took control of Congress in this month’s midterms and have pledged to investigate Musk’s business and political activities, which could bring added scrutiny to a deal involving one of the Pentagon’s most important launch and satellite contractors.
The report also lands three weeks before Tesla’s December 3 annual meeting at Giga Texas. That ballot has only three items, led by the re-election of Musk, board chair Robyn Denholm and JB Straubel, and includes no merger proposal. Any deal announced in December would likely require a separate special meeting for Tesla shareholders to vote on it.
The two companies already share a growing list of projects, including the Terafab semiconductor plant in Texas. Tesla’s next generation Roadster, which uses cold gas thrusters built on SpaceX hardware, turned up on display at SpaceX headquarters last month and has become one of the clearest public examples of that overlap.
Elon Musk
Nvidia’s board meets on Jensen Huang, and Elon Musk already has an answer
Elon Musk says it would be an honor to hire Jensen Huang amid Nvidia turmoil.
Elon Musk says he would welcome Jensen Huang at one of his companies if Nvidia’s board decides to push out its longtime chief executive.
On Wednesday evening, the financial account ZeroHedge posted “Elon please hire Jensen” on X. Musk replied roughly two hours later: “That would be an honor.” Neither Huang nor Nvidia had responded publicly as of Wednesday night.
Musk’s reply came as Nvidia’s board met to decide Huang’s future. The Wall Street Journal reported that directors were preparing to oust him following reports of two extramarital relationships. One involves Alice Huang, a Singapore-based businesswoman whom U.S. intelligence officials reportedly believe was working for China’s Ministry of State Security. The New York Times separately reported a relationship with Kimberly Powell, Nvidia’s vice president of health care. Huang acknowledged being unfaithful in a memo to employees on Sunday but gave no details.
@zerohedge That would be an honor
— Elon Musk (@elonmusk) November 12, 2026
Under Nvidia’s bylaws, a majority of its 11 directors can remove the CEO with or without cause. Bloomberg reported that the board has been working with an outside firm on possible replacements and may name an interim chief, with CFO Colette Kress seen as the likely pick. Nvidia shares fell more than 8 percent in extended trading, according to CNBC, and the company is scheduled to report quarterly earnings on November 17.
Musk has more riding on Nvidia’s leadership than most tech executives. In August, he told investors on SpaceX’s first earnings call as a public company that it would build its AI infrastructure exclusively on Nvidia hardware, calling Vera Rubin “the best architecture.” SpaceX is also working with Nvidia on the compute payload for Starmind, its planned orbital AI constellation. In October, SpaceX said it had a binding commitment for a roughly $40 billion lease of Vera Rubin GPUs and related equipment, with the leases expected to begin in the first half of 2027.
The scale of that dependence is already enormous. On its Q3 call, SpaceX said it was bringing roughly 200,000 to 220,000 Nvidia GB300 GPUs online each month and expects 2.5 to 3 GW of nameplate compute by the end of the year. That buildout is now reaching new sites like the proposed $24 billion power plant and supercomputer campus at Starbase.
The relationship between the two executives also goes back nearly a decade. Huang has often told the story of personally delivering Nvidia’s first DGX-1 AI supercomputer to Musk in 2016, when no other customer wanted one. “Nobody wanted to be part of it, except for Elon,” Huang said on the Joe Rogan Experience last December.
Musk did not say what role Huang might fill, and his reply stops short of a formal offer. Huang co-founded Nvidia in 1993 and still owns about 3.6 percent of its stock, so any move to a Musk company would depend on whether, and how, he leaves the chipmaker he has run for more than three decades.
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.
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