Investor's Corner
Elon Musk stands his ground against SEC as Tesla heads towards historic Q3
Tesla was rocked on Thursday after news emerged that the SEC has filed a lawsuit against CEO Elon Musk over his tweets last August stating that he was considering taking the company private at $420 per share, and that he had “funding secured.” As Tesla feels the fallout resulting from the SEC’s lawsuit, details of the commissions’ filing, including a failed settlement with Musk and his legal team, are coming to light.
It should be noted that Elon Musk himself is the only entity named in the SEC lawsuit, not Tesla as a company. No criminal charges against Musk have been put forward as well. Nevertheless, several of the company’s skeptics have welcomed the news. Former GM executive Bob Lutz, for one, who recently claimed that Tesla is “headed for the graveyard” since it has “no tech advantage, no software advantage, and no battery advantage” against established automakers, noted in an email to the Los Angeles Times that Musk is “toast.” The steep 9.9% drop during after-hours trading also weighed down on Tesla stock (NASDAQ:TSLA) heavily, ironically dealing damage to the company’s investors.
A report published by the Wall Street Journal outlines a rather unique set of events that led up to the SEC’s decision to file a suit against Elon Musk. According to individuals reportedly familiar with the matter, the SEC had actually crafted a settlement for Elon Musk that was approved by the agency’s commissioners. Musk’s legal team reportedly called SEC’s lawyers in San Francisco on Thursday, stating that they were no longer interested in proceeding with the settlement. With this, the SEC reportedly rushed to craft a complaint against Musk, which was filed later during the day.
The reasons behind Elon Musk’s decision to walk away from a settlement with the SEC are yet to be revealed, but by doing so, Musk has taken on what could very well be his most dangerous legal battle to date. The SEC, after all, is not only demanding that Musk pay civil penalties; the commission is also demanding that he be prohibited from acting as an officer or director of a publicly-traded company. Musk, for his part, gave a brief statement to CNBC regarding the SEC’s lawsuit against him.
“This unjustified action by the SEC leaves me deeply saddened and disappointed. I have always taken action in the best interests of truth, transparency, and investors. Integrity is the most important value in my life, and the facts will show I never compromised this in any way,” Musk said.
Tesla’s Board of Directors has issued a statement expressing its full support for Elon Musk. The board’s statement, while brief, emphasized that apart from standing behind the beleaguered CEO, Tesla is focused on its fundamentals, particularly the ongoing Model 3 production ramp. Following is the Telsa Board of Directors’ statement about the SEC filing.
“Tesla and the board of directors are fully confident in Elon, his integrity, and his leadership of the company, which has resulted in the most successful U.S. auto company in over a century. Our focus remains on the continued ramp of Model 3 production and delivering for our customers, shareholders, and employees.”
Considering that he opted to walk away from a settlement with the SEC, it appears that Elon Musk is once more choosing to pursue a more difficult path forward. Such tendencies are classic Elon Musk, though past announcements from the CEO do suggest that he foresaw adverse developments coming in Tesla’s direction. In a letter to the company’s employees earlier this month, for example, Musk urged employees to stand firm and focus on meeting its ambitious and self-imposed targets.
One of Tesla’s electric car assembly lines at its Fremont, CA factory.
“We are about to have the most amazing quarter in our history, building and delivering more than twice as many cars as we did last quarter. For a while, there will be a lot of fuss and noise in the media. Just ignore them. Results are what matter and we are creating the most mind-blowing growth in the history of the automotive industry,” Musk wrote.
Elon Musk’s statement in his letter to employees does not seem to be an exaggeration. In true Tesla fashion, the company is now in the process of delivering as many of its electric cars to as many reservation holders as possible. The Model 3 production ramp, which seems to have hit its stride since Tesla managed to hit its goal of producing 5,000 units per week at the end of Q2, appears to be going strong as well. Deliveries have also increased to the point where some owners of the company’s electric cars have volunteered to help out Tesla’s delivery centers by orienting new owners with the features and functions of their vehicles.
Tesla is aiming to produce and deliver more than 50,000 Model 3 this quarter. While such a number is ambitious, even longtime skeptics of the company such as Goldman Sachs analyst David Tamberrino have noted that Tesla’s production and delivery figures for Q3 2018 would likely be within the company’s target. Tesla board member Kimbal Musk also pointed out in a CNBC Closing Bell segment that “it’s really gonna blow people’s minds how many Model 3s are gonna appear in America in just the next couple of weeks.”
Investor's Corner
SpaceX’s biggest earnings test yet lands Tuesday, and Tesla shareholders should be watching
SpaceX reports earnings Tuesday as Wall Street watches AI spending, Starlink growth and Tesla merger
SpaceX reports third quarter results after the market closes Tuesday, with a webcast at 4:30 p.m. ET streamed on X, and Tesla follows a day later. Bloomberg consensus, cited by Pepperstone, calls for revenue of $12.89 billion, adjusted EBITDA of $6.62 billion and adjusted EPS near $0.15. That would be about 65% growth from the second quarter and SpaceX’s first profitable quarter since its IPO. Analysts expect roughly $6.4 billion from AI and $4.9 billion from Starlink, which is projected to reach 14.3 million consumer subscribers. Capital spending is forecast at $19.6 billion, leaving free cash flow near negative $11.6 billion.
The numbers matter because SpaceX has spent months trying to win over a skeptical market. It priced its record IPO at $135, spiked to $225.64, then sank near $105 in early August. Friday’s close of $146.03 sits about 28% below the June high. The Q2 report beat on revenue at $7.8 billion and put Starlink at 12 million subscribers, but $18.4 billion of capex hurt the stock. Since then SpaceX reached orbit on Starship Flight 14 with 26 Starlink V3 satellites, agreed to buy 800 MHz spectrum for about $8 billion as part of its Starlink Mobile push, and signed a fourth compute hosting deal in four months worth roughly $13 billion a year from December. Management is targeting more than 2 gigawatts of compute by year end and a $100 billion annualized revenue run rate. Evercore ISI, which raised its target to $275, said the quarter may be judged more on those targets than the reported figures
All of this sits under the Tesla merger question. Barclays analyst Dan Levy expects an all stock deal in which SpaceX buys Tesla at a premium, using reference values of $2.1 trillion and $1.5 trillion, and said an announcement would need to come by late October or early November to be voted on at Tesla’s December 6 annual meeting. Barclays estimates Musk would hold about 37% of the combined company and 56% of the votes. Musk said in July that combining companies cannot be discussed on an earnings call, but an investor question asking when SpaceX will merge with Tesla is sitting on SpaceX’s Q&A platform, and Teslarati has tracked how the Roadster demo revived the talk.
If a deal happens, Tuesday’s result would effectively set the price Tesla holders would receive. Their shares would convert into SpaceX stock, along with exposure to a company with a heavy investment on AI, while Tesla itself expects 2026 capex above $25 billion. A strong quarter and calmer spending would make that exchange easier to sell. Another round of heavy capex and a falling stock would make it harder.
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.