Musk plans Supreme Court appeal after losing bid to terminate SEC settlement

Shazster

Ars Scholae Palatinae
887
"WAAAAAHHHH! BUT I WANNA DO THE FRAUD AND VIOLATE THE SECURITIES LAWS! WAAAAAHHHH!!...

...you guys are being mean to me. Bunch o' dicks" (insert sulky dick face).

Good lord it's taking so much effort to stop myself from getting a Twitter, X, whateverthefuckitis account just to tweet this at him and get blocked. Someone please crowdsource a digital billboard across from his office just so we can have a place for the invective he so richly deserves. Someone, anyone. We can invite his creditors to mix in their unpaid invoices between screeds.
 
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Shazster

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887
What! Page 2 and no Muskophiles defending the boy wonder?
I have also noticed a dearth of the usual telltale mass of 1 or 2 downvotes on most posts. Is there a lurk-a-troll holiday I'm unaware of? Porcine lipstick shortage? Turd polishing compound shipment a day late?

Maybe their checks bounced?
 
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Random_stranger

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5,442
Subscriptor
It's rare for SCOTUS to pick up a case that failed to get an en banc hearing. I mean, getting heard by SCOTUS is rare to begin with. Like 1% of appellate level cases proceed to the highest court. This is less likely than average. It isn't interesting or important enough to gin up the votes of appellate judges to rehear this. You think it will convince 4+ justices to cut their posh vacations early to sit and listen to this?



Less than 100%. Thomas is pro-billionaire, but that doesn't mean he wants to mess with A) cases that are boring even by appellate standards B) voluntary settlements, which are the foundation of a lot of corporate legal structures he is hidebound to protect.

You mean voluntary settlements / actions, like accepting arbitration as a condition of service / membership / employment?
 
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Random_stranger

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At very least we'd probably get some weird reasoning from Gorsuch about how obscure 12th century kings handled royal charters and therefore we have to apply those standards to Musk. Which would be both entertaining and terrifying, just like his 2nd amendment reasoning.

I think you mean Alito?
 
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Shazster

Ars Scholae Palatinae
887
Elon and Trump react the same way.
Elon accuses Federal investigators of bias.
Elon accuses the judge ruling on the federal investigator bias case of bias.
They both have fake hair.
They both enjoy putting on makeup and dancing for the camera.
I can't really think of any contrasts.
Trump doesn't understand the Pony-based hush-money currency market. Other than that, it's pretty bang on.
 
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graylshaped

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My lawyer radar is beeping …

Known my lawyer-wife thirty years since 12 year-olds, now kinda nervous putting my street creds up if my radar is wrong, either way you’re spot on.
I’ve known my lawyer daughter for 34 years, though only about ten as a lawyer. She corrects my misapprehensions from time to time, but only if asked, and she ponders before preferring advice.
 
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Maestro4k

Ars Tribunus Militum
1,556
The key would be if they bothered to hear this, which I doubt they would. He's rich but he doesn't seem to grease palms the right way. He's no Adelson, Koch, or Crowe he's the loud obnoxious Nouveau Riche that they despise and don't want in their clubs.
Does he grease palms at all? He refuses to pay bills at Twitter, and he fought for months not to complete the purchase, despite stupidly signing a contract that waived all due diligence. I honestly wouldn't be surprised to see news that his home was repossessed for non-payment. He seems to think the world owes him everything and that he should pay for nothing. That's not an attitude conducive to even donating to politicians, much less bribing some "conservative" Supreme Court justices.
 
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bodrius

Wise, Aged Ars Veteran
156
Not so fast! Harlan Crow et al. have shown that SCOTUS justices can and repeatedly have been bought and paid for (and currently are)! All Musk needs is to scrape together enough brain cells to realize that greasing Alito, Thomas, Gorsuch, and Kavanaugh's palms is all he has to do to get them to take up the case and rule in his favor. Roberts is only microscopically less corrupt than those four, and Barrett can probably be bought with a dime and a "I hate women and their rights" promise. Hell, Musk wouldn't likely even have to lie on that front, from some of his past behavior! And then, ka-blammo! Majority of the SCOTUS are suddenly sympathetic.

Siding with a billionaire manbaby on flimsy First Amendment grounds is totally and squarely within their wheelhouse.
Putting all the ad hominem aside, if you take the cynical view all these parties care about is money - there is no amount of Dogecoin that can cover the losses from destabilizing the US stock market by questioning the legitimacy of SEC regulations in place since the great depression.

I mean, that's where the people who only care about money, and the people who pay the people who only care about money... put their money.
 
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omarsidd

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So he wants the right to lie, deceive, mislead... in his official executive role at a publicly traded company. I mean, how else is he going to manipulate the stock to make himself even richer?? Sigh.

Have had just about enough of this apartheid-begotten man-baby. Can't he take his billions and go play on a yacht somewhere and leave humanity alone?
 
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Chuckstar

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In this particular case surely it is even simpler than that.

Admittedly I have not read the filings so maybe I'm misreading the article but it sounds as if Musk is challenging the terms of the settlement agreement itself and not the law that requires him, as an officer of a publicly traded company, not to make wildly false public statements about said company's financials for his personal benefit.

Musk agreed to this settlement so that he would not have to be taken to court and eventually proved guilty, then suffer even more onerous penalties (theoretically, anyways).

What is it about Musk signing agreements and then having second thoughts. It seems like a congenital problem for him.
Narcissists are allergic to consequences. There’s always a dodge they are willing to attempt, often involving a lie so obvious that the phrase “blatant lie” would be an understatement.
 
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thekaj

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This might be a stupid question, but what he really wants to do here is lie to pump the stock and get away with it, right?
I think it's more generally he just doesn't want to be held responsible for anything that comes out of his mouth. He's probably at least dimly aware that he frequently says things that aren't currently true and won't be true. Also, sometimes he does want to fuck with short sellers or, well, anyone that annoys him just a little bit. Also, he's got a tendency to amplify untrue stories about random people that forces them into hiding.

So, yeah, if everyone could both believe every word that comes out of his mouth or typed by his fingers, yet anything that could get him in trouble NOT actually get him in trouble, that would be super for Musk.
 
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Zeppos

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"Christ, this asshole again."

..

Elon Musk, proudly whining about "every goddamn thing", since 1999.

..

Could anyone be less self-aware?
I think he is very very very very self-aware. Not sure if he is aware that other people are self-aware. Probably thinks he is gifted for being superiourly self aware. Oh well... time for coffee.
 
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mg224

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Next move. He can X all he wants because x.com isn't Twitter. So SEC ruling was only on Twitter. I bet that is his next 0-D chess move.

I think we now see Musk is playing plain old 2-d noughts and crosses. He’s just bad at it as he insists on using X for all his moves even though he’s Os.
 
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orwelldesign

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I think he is very very very very self-aware. Not sure if he is aware that other people are self-aware. Probably thinks he is gifted for being superiourly self aware. Oh well... time for coffee.

Yeah, most people leave behind solipsism as a guiding principle around when they're, like, what, 3? 2? "Other people exist and what they do affects me" isn't the hardest thing to prove out.

Like, if you're ever reallllly doubting that everyone's real, go punch someone bigger than you. You'll learn quick.

This dude is exhausting.
 
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fenris_uy

Ars Tribunus Angusticlavius
9,249
That might be a step up...people like Musk need normal people to check their branding. The Tesla logo looks like a thumbtack, which wouldn't be my first choice for a vehicle riding on pneumatic tires. And now you can't unsee it.

Maybe he'll merge everything into a huge X conglomerate.
He doesn't has the funding to do that.

Unless he uses Tesla money to save another failing Musk company.
 
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Captain Trips

Smack-Fu Master, in training
45
Found this in the Shadowrun RPG subreddit recently, I think it is appropriate for anything involving Musk. Granted, it may take awhile for this to actually happen. But one can hope.

5E5AC3E4-0CB4-4B64-8226-8F3B132745AC_1_100_o.jpeg
 
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TerranIV

Wise, Aged Ars Veteran
148
"But the panel potentially left an opening for Musk's First Amendment argument to be litigated further, writing, 'We express no view as to the substance of his underlying First Amendment claims.'"

False.

It does not leave "an opening" for a court to refrain from making a judgement to every claim someone makes. It simply means his argument is IMMATERIAL to the outcome. Appellate courts often do not make judgements on claims they do not have to address. It does not mean Musk's idiotic argument has any merit.
 
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orwelldesign

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give him jail

I do hope you mean "after he's charged with a crime, and convicted," y'know? Most of his stupid shit falls under white collar crime laws if it's a "crime" at all and most of those have fees, not jail time, as their consequences.

Unless you know something the US Attorneys don't, him going to jail is not a very likely outcome. I'm sure they'd love to hear from you if you've got evidence of him committing a crime -- being an arrogant buffoon oversure of oneself isn't a crime.

Closest I think he gets to a "crime" is the sale of FSD -- vaporware, will never be delivered -- to the unsuspecting public, but that's probably -- nay, almost definitely not a crime that would result in jail time. Tesla's lawyers probably wrote a solid contract saying "we know this won't be delivered at all, if ever, and and now, so do you." Click this X to acknowledge that you're buying something that doesn't exist.

That's the only actual crime he's committed. Thankfully, buffoonery isn't actually illegal. I mean, it'd be kinda ok if it was, but that's more a subjective judgement than something where one can end up at No Reasonable Doubt.
 
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tmt

Ars Scholae Palatinae
901
Elon and Trump react the same way.
Elon accuses Federal investigators of bias.
Elon accuses the judge ruling on the federal investigator bias case of bias.
They both have fake hair.
They both enjoy putting on makeup and dancing for the camera.
I can't really think of any contrasts.
Elon hasn't bankrupted a casino, nor 3 other business (yet).
 
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I do hope you mean "after he's charged with a crime, and convicted," y'know? Most of his stupid shit falls under white collar crime laws if it's a "crime" at all and most of those have fees, not jail time, as their consequences.

Unless you know something the US Attorneys don't, him going to jail is not a very likely outcome. I'm sure they'd love to hear from you if you've got evidence of him committing a crime -- being an arrogant buffoon oversure of oneself isn't a crime.

Closest I think he gets to a "crime" is the sale of FSD -- vaporware, will never be delivered -- to the unsuspecting public, but that's probably -- nay, almost definitely not a crime that would result in jail time. Tesla's lawyers probably wrote a solid contract saying "we know this won't be delivered at all, if ever, and and now, so do you." Click this X to acknowledge that you're buying something that doesn't exist.

That's the only actual crime he's committed. Thankfully, buffoonery isn't actually illegal. I mean, it'd be kinda ok if it was, but that's more a subjective judgement than something where one can end up at No Reasonable Doubt.
His pump-and-dump of Dogecoin was almost certainly illegal.
His failure to pay severance to laid off employees is probably illegal, but that would end up in civil court, not criminal court.
I'm sure there are many other examples.
 
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orwelldesign

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His pump-and-dump of Dogecoin was almost certainly illegal.
His failure to pay severance to laid off employees is probably illegal, but that would end up in civil court, not criminal court.
I'm sure there are many other examples.

Yeah, like I said, most of the stuff he did ends up at fees, not jail time.

I don't want us to end up at "lock him up" until we're also at "because he violated USCC section n." Got pointers for that?

I'm sure any prosecuting attorney would -- quite literally -- love for someone to provide them direct evidence of a crime that USUALLY ends up at jail. White collar crimes, however, usually DON'T. I mean "got myself a billionaire" is a career-making proposition if you're sitting in the District Attorney's office.

That's all I'm saying. We shouldn't start locking people up just for douchebaggery -- the prisons are full already.

(I just realized the post I originally responded to was from Hopefully Smarter, who's yet to provide anything constructive; he somehow never manages to actually get smarter, and I wouldn't have responded if I'd realized who that was response to.)
 
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Closest I think he gets to a "crime" is the sale of FSD -- vaporware, will never be delivered -- to the unsuspecting public, but that's probably -- nay, almost definitely not a crime that would result in jail time. Tesla's lawyers probably wrote a solid contract saying "we know this won't be delivered at all, if ever, and and now, so do you." Click this X to acknowledge that you're buying something that doesn't exist.
The vaporware part isn’t what makes FSD bad, it’s the whole “killing people” thing. Nobody thinks the Star Citizen folks should go to jail.

Last time I checked, reckless endangerment is a crime that can result in jail time. So is manslaughter.

Musk is the decision maker at Tesla and he has been constantly flaunting his disregard for the restrictions the law places to keep him from being personally liable for the stuff his company does.

I dunno if it’s likely he’ll ever be charged with a crime for causing the deaths of first responders and customers, but at the rate he’s going tearing himself and his legal defenses apart I won’t be surprised if he is.
 
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Dragonmaster Lou

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I'm sure any prosecuting attorney would -- quite literally -- love for someone to provide them direct evidence of a crime that USUALLY ends up at jail. White collar crimes, however, usually DON'T. I mean "got myself a billionaire" is a career-making proposition if you're sitting in the District Attorney's office.
Unfortunately, I think some of the more egregious white collar crimes should result in jail time, but because they only result in fines, a lot of white collar criminals keep criming because they can absorb those fines on their bottom lines.

Even those that do result in jail time often have way less severe penalties than other crimes. Granted, I'm making up numbers for my examples here, but when you hear something like, "Guy steals $200 from a liquor store, gets 30 years in Sing-Sing," vs "Guy embezzles $100 million from pension fund, gets 5 years in Club Fed," I can't help but see how unfair it is given that the embezzler did far more damage than the guy who robbed the liquor store.
 
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