Which "legal judgments" from which "single state" is Musk complaining about? Could it be the only state whose court has had the courage to actually enforce the law against him?
I do not see Musk's tweets, but I have to admit this one raises a few issues - so thank you for highlighting it. My first take is that the ambiguity is deliberate. Musk wants his readers to think of the NY prosecutorial abuses toward Trump, and then he would hope to extend that to his own situation (a much harder sell).
As you point out, the state governments have constitutional rights, and the federal government cannot do much about proceedings under state law, so long as they do not violate the federal constitution. Perhaps someone should break the news to Musk - a law "no one shall file suit against Elon Musk" does not fit into the framework of the U.S. Constitution?
We all also have to remember that Musk's takes on things frequently make no sense whatsoever, whether it is speeding up welding machines by a factor of ten or doing due diligence after one executes a binding purchase agreement rather than before. So it all may mean nothing!
I could not be surer of anything than that Musk and Trump will shortly be on the outs with each other.
Ah, I see how this could be intended for the NY prosecution (which, as I think you and I both agree, is more than a bit of a stretch, and probably helped Trump rather than hurt him in his reelection bid).
Yes, the developments in love story between Trump & Musk will be one of soap opera-worthy drama as the inevitable break-up approaches. What damage is done in the meantime, of course, it TBD.
Thanks for this helpful comment. The NY angle never occurred to me but, of course, Musk is now kissing Trump's derriere at every opportunity.
assuming musk is a smarter grifter than trump, he should be more than able to make up his twitter losses. however, redirecting budget cuts to subsidize his companies may be a bit more subtle than just X'hit flinging.
a fallout with trump is possible since every trump decision is preceded by a 'what have they done for me lately' moment of emotion. there has to a steady flow of wealth to the trump mob. look no further than rudy (who trump may ultimately help if its not much of a bother).
Somehow, "genuine courage" does not seem adequate to describe the valor of the Chancellor. Perhaps no adequate word exists. I do worry for her.
Regarding the Twitter case capitulation by Musk, it seems that something was about to see the light of day in the Discovery process that Musk was desperate to keep hidden...maybe the private server (Atlantica or something like that) that Musk used to communicate with his Consigliere.
While I don't agree with your ad hominem attacks on Trump (at least not entirely), I have been intrigued by your well written insights into the legal problems Musk has had vis a vis Tesla. Why hasn't the Chancellor ruled? Is 3 months normal for a post ruling legal fees dispute in Delaware Chancery, or do you suspect that the Chancellor is under external pressure and was waiting for election results?
The trial in Tornetta took place in November of 2022. The post-trial opinion was not handed down until 14 months later. In the Court of Chancery, rulings are made with a detailed discussion of the facts, including citations to the "record" (all the documents, oral testimony, deposition testimony, and other materials that have been admitted into evidence). Then, they also include a detailed discussion of the applicable law.
The evidence on attorneys' fees included voluminous documents and expert reports. The evidence on the ratification issue is less massive, but includes a very lengthy proxy statement and other proxy materials. The legal issues on attorneys' fees were sharpened in a Delaware Supreme Court ruling (Dell Technologies) handed down after the August 2 hearing. The legal issues on "ratification" are in some ways novel. So, I am not surprised that it would require several months to research and draft the opinion.
That said, I have speculated that the opinion may have been all but written before the election, but for prudential reasons (including hoping to minimize damage to the institution of the Delaware judiciary), the Chancellor decided to issue it only after the election. (Every day that passes now suggests my speculation was wrong.) I understand the Chancellor has now advised counsel to the parties that she expects to have her ruling before year end.
Beware the Ides of Tornetta. (I have no idea what this really means; I just like saying it.)
I do not think Judge McCormick's ruling will be based on her politics, but political facts on the ground outside her courtroom has to have had some bearing on timing. She's writing a decision that has to/will be upheld by the Delaware Supreme Court, and they have got to be sensitive to the issue of keeping Delaware an attractive place to incorporate. And I think who is in the Oval Office has a slight impact on perception.
(For the record the list of people that have joined forces with Trump only to come away the worse for wear is sizable. There is no permanence to the Musk/Trump "alliance". Color me shocked if it lasts over three months.)
Net net instead of going a Spinal Tap 11 on Musk's sizable ass she might tone it down ever so slightly. It's still going to generate shock waves.
Armed with a daily dose of the latest thought provokomg effort from Tom Nichols and now your much anticipated post election offering I'd say it's a solid evening.
To say we are in for a wild ride over the next 4 years is a massive understatement. And then of course we have Tornetta!
I hope the New Mexico weather is treating you and Mrs Skeptic well!
Once again, the usual fantastic document from Mr Fossi.
Amid the corporate posturing by a well known wealthy man, the question remains: Will he respect the law?
In his shoes there have been many times when mortals would have seen severe penalties including jail, yet so far nothing has stuck. Could the unbridled greed finally drive this person over the edge? Surely, to consider one's luck 'infinite' would be delusional?
Wish I could wrap my head around why you hold Musk in such contempt. Like you, I believe he is a deeply flawed human being with a knack for overpromising. To be fair though, his shit personality and his penchant for speaking in hyperbole needs to be weighed against his actual accomplishments. For whatever reason, like most attorneys - you only focus on one side of the scale.
The guy has built MULTIPLE billion dollar companies from scratch, he has accompished more in two decades with Space X than NASA (with 5x the employees) has done in 70 years - and its not even close. His is the best internet network on Earth, and again it’s not even close. He has the top 2 selling EV model vehicles on the planet, He has a functional monopoly on the $500 billion dollar Energy pack business currently growing at over 150% per year - which will likely make Tesla a 10 trillion dollar company by 2030, he is on the cutting edge of brain chip implants, autonomous robots, AI, and while i know you are skeptical - Full self driving. I would also argue, he singlehandedly saved the first amendment by purchasing Twitter.
Historically speaking, there a handful of people who - Like Musk - were pitiful human beings, but so good at their craft - the world gave them a pass (Steve Jobs, Walt Disney, Isaac Newton, Tiger Woods, Charlie Chaplin, George Patton, etc…). I think Musk is one of those, and i would politely request you peer at the other side of the scale and give credit where credit is due.
Thanks for the comment. I'm less impressed with him than you, obviously. His success with Tesla is founded on massive subsidies, ZEV & CAFE indulgences, give-aways, & governmental mandates punishing his competitors. His success at Space X is entirely dependent on government contracts. His battery business is repackaging cells made by others - a commodity business, and by no means a monopoly. Worst of all, he is a huge liar. Free speech was not in danger when he purchased Twitter, which he did so only most reluctantly, and it has turned into an alt-right fever swamp. But, he's your guy, and you're welcome to him.
Not sure how you define monopoly, but when someone controls north of 90% of a market by dollar volume - I call it a monopoly…… As for NASA, they don’t build rockets, they don’t launch satellites, they can’t rescue stranded astronauts from the space station, and they sure as hell can’t catch 25 story rockets out of the air with chopsticks - what exactly do they do? …… Elon is a lot of things, but Fraudster isn’t one of them - he was worried about prison because of the ongoing lawfare campaign by democrats.
Went to the Suns game Wed night in a Tesla, never even touched the steering wheel - it even navigated the parking garage just fine. Meanwhile their fraudulous competitor Waymo ran over a teenager on a bike less than a mile from my house because their cars can not grasp how roundabouts work. KPHO - the local news station even interviewed my son (a witness) ...and yet, in less than a day the link was removed, and the entire story scrubbed from the internet, because, you know, as you said "free speech is not in danger".
I am no fan of Elon personally, never have been. Ive published many articles with that very thesis. But if we are going to be intellectually honest, and weigh his character versus accomplishments - there is no question which side of the scale would carry the day.
Oddly enough, you could say the very same about Trump - another total f*cking Ass hole of a person who gave us no wars, secure borders, low inflation, energy independence, and lower taxes. His opponents, obviously better human beings - gave us more war, higher taxes, porous borders, and soaring inflation. Consequently, even though I am a registered Democrat - I voted for Trump. While Character is seemingly the only thing that matters to you, know that it matters to me as well - but what matters more is accomplishments, which is why I give both Elon and Trump a pass.
While it might seem like I am ragging on you, I'm not - just trying to make a point. Please know I enjoy your columns very much....
"But if we are going to be intellectually honest, and weigh his character versus accomplishments - there is no question which side of the scale would carry the day."
Knowing Mr Fossi will surely respond to your well reasoned criticisms, I'll offer a neutral party observation. I and many other long time followers witnessed in real time the well coordinated attacks from Musk and his "flying monkeys" on Fossi in years past. Suffice to say Fossi handled his responses, at least those that were made public, in a gentlemanly manner few men could. Whereas, I cannot say the same for other involved parties.
I'll offer with emphasis that Musk has indeed accomplished much to marvel at but along the way he has built a blindly loyal following of characters that have interesting backgrounds...
You could have said practically the same about Hitler in 1939 - look what he has made out of a downtrodden Germany in just six short years. And no shot was ever fired.
I do not see Musk's tweets, but I have to admit this one raises a few issues - so thank you for highlighting it. My first take is that the ambiguity is deliberate. Musk wants his readers to think of the NY prosecutorial abuses toward Trump, and then he would hope to extend that to his own situation (a much harder sell).
As you point out, the state governments have constitutional rights, and the federal government cannot do much about proceedings under state law, so long as they do not violate the federal constitution. Perhaps someone should break the news to Musk - a law "no one shall file suit against Elon Musk" does not fit into the framework of the U.S. Constitution?
We all also have to remember that Musk's takes on things frequently make no sense whatsoever, whether it is speeding up welding machines by a factor of ten or doing due diligence after one executes a binding purchase agreement rather than before. So it all may mean nothing!
I could not be surer of anything than that Musk and Trump will shortly be on the outs with each other.
Ah, I see how this could be intended for the NY prosecution (which, as I think you and I both agree, is more than a bit of a stretch, and probably helped Trump rather than hurt him in his reelection bid).
Yes, the developments in love story between Trump & Musk will be one of soap opera-worthy drama as the inevitable break-up approaches. What damage is done in the meantime, of course, it TBD.
Thanks for this helpful comment. The NY angle never occurred to me but, of course, Musk is now kissing Trump's derriere at every opportunity.
He is, and my guess is that it is about the content regulations written under the IRA.
This will definitely be a soap opera.
assuming musk is a smarter grifter than trump, he should be more than able to make up his twitter losses. however, redirecting budget cuts to subsidize his companies may be a bit more subtle than just X'hit flinging.
a fallout with trump is possible since every trump decision is preceded by a 'what have they done for me lately' moment of emotion. there has to a steady flow of wealth to the trump mob. look no further than rudy (who trump may ultimately help if its not much of a bother).
Like a night follows the day
Somehow, "genuine courage" does not seem adequate to describe the valor of the Chancellor. Perhaps no adequate word exists. I do worry for her.
Regarding the Twitter case capitulation by Musk, it seems that something was about to see the light of day in the Discovery process that Musk was desperate to keep hidden...maybe the private server (Atlantica or something like that) that Musk used to communicate with his Consigliere.
While I don't agree with your ad hominem attacks on Trump (at least not entirely), I have been intrigued by your well written insights into the legal problems Musk has had vis a vis Tesla. Why hasn't the Chancellor ruled? Is 3 months normal for a post ruling legal fees dispute in Delaware Chancery, or do you suspect that the Chancellor is under external pressure and was waiting for election results?
The trial in Tornetta took place in November of 2022. The post-trial opinion was not handed down until 14 months later. In the Court of Chancery, rulings are made with a detailed discussion of the facts, including citations to the "record" (all the documents, oral testimony, deposition testimony, and other materials that have been admitted into evidence). Then, they also include a detailed discussion of the applicable law.
The evidence on attorneys' fees included voluminous documents and expert reports. The evidence on the ratification issue is less massive, but includes a very lengthy proxy statement and other proxy materials. The legal issues on attorneys' fees were sharpened in a Delaware Supreme Court ruling (Dell Technologies) handed down after the August 2 hearing. The legal issues on "ratification" are in some ways novel. So, I am not surprised that it would require several months to research and draft the opinion.
That said, I have speculated that the opinion may have been all but written before the election, but for prudential reasons (including hoping to minimize damage to the institution of the Delaware judiciary), the Chancellor decided to issue it only after the election. (Every day that passes now suggests my speculation was wrong.) I understand the Chancellor has now advised counsel to the parties that she expects to have her ruling before year end.
Beware the Ides of Tornetta. (I have no idea what this really means; I just like saying it.)
I do not think Judge McCormick's ruling will be based on her politics, but political facts on the ground outside her courtroom has to have had some bearing on timing. She's writing a decision that has to/will be upheld by the Delaware Supreme Court, and they have got to be sensitive to the issue of keeping Delaware an attractive place to incorporate. And I think who is in the Oval Office has a slight impact on perception.
(For the record the list of people that have joined forces with Trump only to come away the worse for wear is sizable. There is no permanence to the Musk/Trump "alliance". Color me shocked if it lasts over three months.)
Net net instead of going a Spinal Tap 11 on Musk's sizable ass she might tone it down ever so slightly. It's still going to generate shock waves.
Happy Thanksgiving to one and all.
From the Land of X,
Mother
Thank you for this excellent article. It's a tour de force.
Just curious, how do you see the chance of Musk becoming the next US president? Given the development, I see it as highly probable outcome.
Stupid me, he wants been born on the US soil....
Musk hasn't shown to be constrained by many "rules".
More great commentary from Lawerence. I've included him on my list of great truth tellers. https://poboktan.substack.com/p/troublemakers-our-favourite-mavericks
Thank you for the post.
One thing I'm not clear on is the current status of the Tornetta case. Has the Chancellor issued a verdict? Has it gone to Delaware Supreme Court?
Armed with a daily dose of the latest thought provokomg effort from Tom Nichols and now your much anticipated post election offering I'd say it's a solid evening.
To say we are in for a wild ride over the next 4 years is a massive understatement. And then of course we have Tornetta!
I hope the New Mexico weather is treating you and Mrs Skeptic well!
Please forgive my misspelling of provoking as my old eyes missed this before I hit send
This is me bothering you… try out BlueSky… I just @ you, with a link to a feed of A LOT of former FinTwit people.
Once again, the usual fantastic document from Mr Fossi.
Amid the corporate posturing by a well known wealthy man, the question remains: Will he respect the law?
In his shoes there have been many times when mortals would have seen severe penalties including jail, yet so far nothing has stuck. Could the unbridled greed finally drive this person over the edge? Surely, to consider one's luck 'infinite' would be delusional?
Thank you for writing this fantastic piece that explains complicated legal matters simply and succinctly!
Wish I could wrap my head around why you hold Musk in such contempt. Like you, I believe he is a deeply flawed human being with a knack for overpromising. To be fair though, his shit personality and his penchant for speaking in hyperbole needs to be weighed against his actual accomplishments. For whatever reason, like most attorneys - you only focus on one side of the scale.
The guy has built MULTIPLE billion dollar companies from scratch, he has accompished more in two decades with Space X than NASA (with 5x the employees) has done in 70 years - and its not even close. His is the best internet network on Earth, and again it’s not even close. He has the top 2 selling EV model vehicles on the planet, He has a functional monopoly on the $500 billion dollar Energy pack business currently growing at over 150% per year - which will likely make Tesla a 10 trillion dollar company by 2030, he is on the cutting edge of brain chip implants, autonomous robots, AI, and while i know you are skeptical - Full self driving. I would also argue, he singlehandedly saved the first amendment by purchasing Twitter.
Historically speaking, there a handful of people who - Like Musk - were pitiful human beings, but so good at their craft - the world gave them a pass (Steve Jobs, Walt Disney, Isaac Newton, Tiger Woods, Charlie Chaplin, George Patton, etc…). I think Musk is one of those, and i would politely request you peer at the other side of the scale and give credit where credit is due.
Thanks for the comment. I'm less impressed with him than you, obviously. His success with Tesla is founded on massive subsidies, ZEV & CAFE indulgences, give-aways, & governmental mandates punishing his competitors. His success at Space X is entirely dependent on government contracts. His battery business is repackaging cells made by others - a commodity business, and by no means a monopoly. Worst of all, he is a huge liar. Free speech was not in danger when he purchased Twitter, which he did so only most reluctantly, and it has turned into an alt-right fever swamp. But, he's your guy, and you're welcome to him.
He does not have a monopoly on grid based battery storage.
There are multiple companies, some of which are much more vertical integrated and have better prices.
Its not Nasa's job to develop a rocket thats why they don't.
He is able to do great things while moving fast breaking a lot and inspiring the right people. But he does break things and this will catch up to him.
His accomplishments do not condone fraud. His non stop stock pump will at some point come to an end. He said for a reason that its Trump or prison.
I agree, of course, except for the part about whether it will ever catch up with him. We are in the Age of Scoundrels.
Not sure how you define monopoly, but when someone controls north of 90% of a market by dollar volume - I call it a monopoly…… As for NASA, they don’t build rockets, they don’t launch satellites, they can’t rescue stranded astronauts from the space station, and they sure as hell can’t catch 25 story rockets out of the air with chopsticks - what exactly do they do? …… Elon is a lot of things, but Fraudster isn’t one of them - he was worried about prison because of the ongoing lawfare campaign by democrats.
FSD is not a fraud? Well, I suppose, there's always someone out there ready to buy that bridge.
Went to the Suns game Wed night in a Tesla, never even touched the steering wheel - it even navigated the parking garage just fine. Meanwhile their fraudulous competitor Waymo ran over a teenager on a bike less than a mile from my house because their cars can not grasp how roundabouts work. KPHO - the local news station even interviewed my son (a witness) ...and yet, in less than a day the link was removed, and the entire story scrubbed from the internet, because, you know, as you said "free speech is not in danger".
I am no fan of Elon personally, never have been. Ive published many articles with that very thesis. But if we are going to be intellectually honest, and weigh his character versus accomplishments - there is no question which side of the scale would carry the day.
Oddly enough, you could say the very same about Trump - another total f*cking Ass hole of a person who gave us no wars, secure borders, low inflation, energy independence, and lower taxes. His opponents, obviously better human beings - gave us more war, higher taxes, porous borders, and soaring inflation. Consequently, even though I am a registered Democrat - I voted for Trump. While Character is seemingly the only thing that matters to you, know that it matters to me as well - but what matters more is accomplishments, which is why I give both Elon and Trump a pass.
While it might seem like I am ragging on you, I'm not - just trying to make a point. Please know I enjoy your columns very much....
"But if we are going to be intellectually honest, and weigh his character versus accomplishments - there is no question which side of the scale would carry the day."
I repeat my reply from above.
Knowing Mr Fossi will surely respond to your well reasoned criticisms, I'll offer a neutral party observation. I and many other long time followers witnessed in real time the well coordinated attacks from Musk and his "flying monkeys" on Fossi in years past. Suffice to say Fossi handled his responses, at least those that were made public, in a gentlemanly manner few men could. Whereas, I cannot say the same for other involved parties.
I'll offer with emphasis that Musk has indeed accomplished much to marvel at but along the way he has built a blindly loyal following of characters that have interesting backgrounds...
You could have said practically the same about Hitler in 1939 - look what he has made out of a downtrodden Germany in just six short years. And no shot was ever fired.