I'm in a chancery court in Wilmington, Delaware this morning for @elonmusk's testimony defending Tesla's 2016 acquisition of SolarCity for $2.6B. Musk chaired both companies at the time; some Tesla investors allege the deal amounted to a bailout of SolarCity.
@elonmusk Plaintiffs' attorney Randy Baron started his questioning of Musk by playing clips of Musk saying in prior depositions that the lawsuit was "wasting everyone's time," and that the next few quarters would vindicate the SolarCity deal. The next few quarters, we now know, did not.
@elonmusk Musk is arguing that the reason SolarCity's growth didn't take off as planned following the acquisition is that Tesla ended up in crisis to meet deadlines on the Model 3, and had to shift focus. And then the reason it didn't take off after *that* is because of the pandemic.
@elonmusk Now Musk is arguing once again that the solar part of Tesla's business is just about to take off, as the pandemic lifts. The plaintiffs' attorney is trying to establish that he has a pattern of making promises like this and then not delivering.
Trial is taking a short break so I’m going to get a snack. I thought the bailiff said there was a @DuckDonuts here and got excited but it turns out he said Dunkin’ Donuts :(
I was politely but firmly informed that I’m not allowed to live-tweet from the courtroom at the Musk trial here in Delaware. Apologies to anyone trying to keep track of what’s going on in this trial. I can tweet from outside the courtroom during breaks.
The plaintiffs’ attorney turned his attention to Musk’s degree of control over Tesla. He’s trying to establish that Musk was a unilateral chief with the power to orchestrate a deal to his own benefit without substantial oversight from the board or anyone else.
Baron is quoting liberally from Musk’s own tweets and statements to suggest that he ran Tesla with a free hand, bullying or “rage-firing” those who tried to stand in his way. Musk officially changing his title to at Tesla to “Technoking” probably doesn’t help his cause here.
At one point Baron played clips of Musk belittling and insulting him (Baron) in past depositions to show Musk treats people with derision.

Musk calmly stood by his past insults, and told Baron today point-blank, in court, “I think you are a bad human being.”
Baron keeps wanting Musk to confine himself to direct yes-no answers. Musk nearly always rejects the premise (often justifiably imo, though not always) and answers with nuanced digressions. Baron gets exasperated, says they’ll never get through the testimony if he keeps that up.
Baron started his questioning of Musk this morning by gesturing to three mammoth notebooks full of documents, and said, “I want to give you fair warning, Mr. Musk—we’re going to be here a while.”

Felt like I was in one of those old Snickers commercials.
As the trial resumed this afternoon, Musk faced questions about SolarCity’s financial health at the time Tesla bought it. Specifically, whether Musk knew and concealed the degree to which SolarCity’s growth was stalling, in order to push through a deal that would bail it out.
Here’s our news report from today’s rather entertaining Elon Musk trial. To be continued tomorrow…
This is good context for Musk calling the lawyer a “bad human being.” It was part of a highly personal exchange that the lawyer, Baron, seemed to welcome—it made him look bad, but was worth it to him to make Musk look unhinged.

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More from @WillOremus

13 Jul
I'm back in hazy, steamy, downtown Wilmington for day 2 of Elon Musk's testimony in a Delaware chancery court trial. He's accused by some Tesla shareholders of buying a struggling solar company run by his cousin, which Musk partly owned, for more than it was worth.
This am the plaintiffs' lawyer pressed Musk as to whether he played a role in negotiating the acquisition price of SolarCity. Musk at first said "not materially so, no." Baron displayed notes from a banker showing Musk at one point proposed a sale price of $28.50 per share.
Baron appeared to show fairly clearly this am (imo) that Musk personally pressed both SolarCity & Tesla to accelerate the deal before SolarCity ran out of cash--including shortening the due diligence period by Tesla's bankers.
Read 29 tweets
24 Jun
Remarkable that big tech has managed to advance the narrative that a suite of antitrust bills which emerged from a two-year deliberative process with half a dozen hearings, a 450-page committee report, and hard-won bipartisan support is somehow "rushed." nytimes.com/2021/06/22/tec…
Here are three CA dems coming out against parts of the antitrust package on the grounds that it would hurt tech workers. But it seems a lot more plausible that it would hurt the tech giants who are spending zillions on lobbying. The workers would be fine. washingtonpost.com/politics/2021/… Image
Rep. Zoe Lofgren, D-San Jose, joins big-business Republicans in opposing the bipartisan antitrust measure that would restrict dominant internet firms from competing on their own platforms. She calls it "very extreme," suggests Big Tech has been good for the economy on balance. Image
Read 6 tweets
18 Jun
It's remarkable how widely the journalistic elite came to accept and even venerate the famous Janet Malcolm quote, which, while valuable as a puncturing corrective to the profession's smarmier conceits, is at best plainly untrue and at worst deeply damaging.
I've quoted it approvingly myself. It's a good line. It has shock value to the right people. It's a little bit punk. But let's not pretend it's true of all or even most journalists, at a time when perhaps half the country believes we really are immoral liars and con artists.
The quote, for those unfamiliar: (The first line is the most iconic, but the whole paragraph is journalism-famous, sort of like the j-school equivalent of the final paragraphs of Gatsby.)
Read 4 tweets
9 May
Test-drove a Tesla Model 3 today. It's truly inspiring the amount of human ingenuity and innovation that went into making something as simple as driving a sedan so complicated that you need a full tutorial on things like how to adjust the mirrors or open the glovebox
From the moment you slide into in the driver's seat of the futuristic Tesla Model 3, it's clear that a team of brilliant engineers and designers has reimagined every aspect of the automobile from the ground up with one singular goal in mind: How can we make this shit *confusing*
Despite some initial setbacks, I was feeling pretty slick after I successfully adjusted the left mirror by tapping the correct 3-icon sequence on the touchscreen and twiddling the left knob on the steering wheel. Then I twiddled the right knob to adjust the right mirror but NOPE
Read 7 tweets
3 May
Twitter just announced, as of 1pm ET, that Twitter Spaces is now available to everyone with 600+ followers, on iOS *and Android.* A few quick thoughts...
Twitter Spaces is *very* similar to Clubhouse, the social audio app that has boomed to a $4b valuation and 10m+ active users in just one year. You can host a live conversation, invite audience members on stage, send them back down, mute people's mics, etc.
One significant difference: Clubhouse rooms are organized in a public "hallway" by topic, and there's a lot of serendipity—and some risk—in discovering rooms hosted by people you've never heard of, and hosting rooms attended by people who've never heard of you.
Read 10 tweets
27 Apr
This leaked internal Facebook report on its content moderation failures (and qualified successes) leading up the Jan. 6 riot makes for a fascinating, concerning, and also just plain ~weird~ read. buzzfeednews.com/article/ryanma…
Facebook at this point has whole teams and task forces full of Very Serious People devoted to monitoring the site for bad guys. They've developed a CIA-worthy lexicon of jargon and acronyms to diagnose and classify the different types of bad guys and intel techniques.
It's clear some folks at FB are putting real effort into making the site non-democracy-destroying. Yet all of their topic classifiers, CIRD pipelines, regex and classifier tracking in HELLCAT, and manual analysis via CORGI modeling are no match for the site's underlying dynamics.
Read 13 tweets

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