I posted this earlier where the former SEC senior counsel pretty much saying SEC will most likely lose this case, Elon's tweet being "more than defensible".
This is something.
The most clear and profound analysis from a former SEC member dismantling the fundamental question the SEC does raise in the allegations in very simple and clear words in a few minutes. I love that guy. Hope the judge listens in.
He brought it down to the point that the SEC in essence claims he lied in the tweet but first of all he had conversations with investors like the Saudis and secondly he has a track record of managing funding therefore Elon did not lie and may have had even the impression its secured. All other allegations are coming back to that point.
In the beginning of the tweet he uses the term "considering" which is relevant for the entire tweet. If you consider to take a company private you make this clear to the investors that the "taking private" is not at all secured but more a "I start investigating this" statement .
The funding part may or may not have been secured at that point in time but for the investor it does not matter because he knows that the "taking private" part which would effect him is not a done deal and therefore the case if funding is secured does not matter and is not a done deal either in a decision to invest or not. It would have mattered if he would have written "I take Tesla private. Funding secured". But he did not!
Given that, all money an investor potentially lost is because he thought the tweet said something it did not. IOW there is just a damage done because that investor was unable to understand the tweet properly and did a bad investment decision.
Anybody who did an investment because he thought funding secured means the take private part is secured fooled himself by nor reading the message thoroughly.
The entire confusion of the media, investors and the SEC is because people have a hard time to read and understand the meaning of this two sentences.
I don't know how the SEC can even believe they will win this. All the allegations they bring up are without substance once its clear that the tweet just indicated his intention and if or if not the funding is secured in that respect is irrelevant for an investors decision. If people interpreted it like because funding is secured the taking private is secured the put something in the words that is simply not there.
Language is tricky and people tend to read messages in words that are just not in there. The "secured" at the end of the tweet kind of gives them the impression its also a word in the first part of the tweet but its not. Look again!
Kind of a joke me as a German saying all of that....