It was in one of the filings as an exhibit. Do you have another reason why they dropped the BuzzFeed article?Interesting new conspiracy theory, where does this one come from? I wonder if his legal team will dare spout such nonsense at his trial.
Even without the email his subsequent "bet ya a signed dollar it’s true" tweet suggests that he did think it was true. And in any case his state of mind isn't the only issue, it's what effect the tweet had on his victim. Saying something untrue which results in suffering and losses, even if unintentional, can be litigated.
A signed dollar is not a high level of confidence.
Bad choice of words on my part, state of mind refered to time limiting Elon's actions/ intent (vs including the later investigation). As you said, there is more involved than just what Elon meant.