In a legal escalation surrounding Elon Musk’s $44 billion acquisition of Twitter, the U.S. Securities and Exchange Commission (SEC) has announced its intention to seek sanctions against the billionaire. Musk’s failure to appear for a scheduled court-ordered testimony on September 10 has prompted the SEC to take action, accusing Musk of delaying tactics in its investigation into potential violations of federal securities laws during his Twitter takeover.

The SEC’s move adds a new layer of complexity to Musk’s ongoing legal battles, as the regulatory agency probes whether Musk broke securities laws when he began purchasing shares of Twitter (now known as X) in 2022. In a court filing, the SEC stated it would pursue a motion to hold Musk in civil contempt, citing his last-minute decision to cancel his testimony as a violation of a May court order.

Catch our conversation on the SEC targeting Elon Musk… as supporters cry political bias!

Musk’s Missed Testimony and the SpaceX Launch

According to the SEC, Musk’s testimony was critical to the investigation. The regulator has been looking into whether Musk failed to properly disclose his stock purchases in Twitter, which eventually culminated in his full acquisition of the company. The SEC requires shareholders who acquire more than 5% of a company’s stock to disclose their holdings within ten days—something Musk delayed.

Musk’s lawyers, however, argued that the missed deposition was due to an “emergency” that required the Tesla and SpaceX CEO to travel to Florida. Musk was overseeing a critical launch at Cape Canaveral for SpaceX’s Polaris Dawn mission on the same day as his scheduled testimony. “His obligations as Chief Technology Officer of SpaceX required he urgently travel to the East Coast,” said Alex Spiro, Musk’s attorney, in a filing defending Musk’s absence.

The SEC isn’t buying the explanation. “Musk’s excuse itself smacks of gamesmanship,” SEC lawyer Robin Andrews argued in court filings. The agency contended that Musk, who holds numerous roles as CEO of Tesla, SpaceX, and other ventures, had ample notice of the scheduling conflict but waited until just three hours before the deposition to notify the SEC of his nonappearance. Andrews added, “The court must make clear that Musk’s gamesmanship and delay tactics must cease.”

A History of SEC Tensions

This is not Musk’s first legal battle with the SEC. The billionaire has a long and rocky history with the agency, dating back to 2018 when he tweeted about potentially taking Tesla private. That incident led to a $20 million fine and an agreement that Tesla would pre-approve certain public communications by Musk. Musk later said in an interview that the SEC was engaging in “regulatory capture,” accusing the agency of prioritizing its own interests over those of small investors.

In a discussion with Lex Fridman, Musk remarked on the SEC’s failure to hold large hedge funds accountable for manipulating Tesla stock, saying, “Not once did the SEC go after any of the hedge funds who were non-stop shorting and distorting Tesla. The hedge funds would lie flat out on TV for their own gain…and not once did the SEC pursue them.”

SEC’s Concerns Over Twitter Acquisition

The SEC’s current investigation revolves around whether Musk’s acquisition of Twitter involved securities fraud. The agency claims that Musk’s delayed disclosure of his growing stake in Twitter may have influenced the stock market and harmed other investors. At the time of his Twitter share purchases, Musk had crossed the threshold of 5% ownership but delayed his formal disclosure, eventually revealing a 9.2% stake before making a move to buy the entire company.

The SEC’s ongoing investigation aims to determine whether Musk’s actions, including his public statements and trading activity, violated any securities regulations. The federal agency’s probe is also scrutinizing whether Musk influenced other investors’ decisions by delaying the disclosure of his Twitter stake.

Is the Future of Musk’s X Platform at Stake?

As the SEC continues to scrutinize Elon Musk’s acquisition of Twitter—now rebranded as X—questions have surfaced about whether the agency’s motivations are purely regulatory or politically charged. Musk’s transformation of Twitter into X has drawn significant attention, not only for his sweeping operational changes but also for his outspoken stance on free speech. Musk’s takeover has disrupted the established social media ecosystem, positioning X as a platform less beholden to the kind of content moderation seen on other major platforms, such as Facebook (now Meta) and Instagram.

X is the only platform that the regime has no control over which is why they are targeting it.

They own the media, Hollywood, and META platforms.

— Collin Rugg (@CollinRugg) September 20, 2024

Many of Musk’s supporters argue that the SEC’s focus on his Twitter acquisition is politically motivated. Commentators on X, formerly Twitter, have speculated that Musk’s commitment to free speech has made him a target for a political system that prefers greater control over platforms. Collin Rugg, a prominent commentator, posted, “X is the only platform that the regime has no control over, which is why they are targeting it.

They own the media, Hollywood, and META platforms.” This sentiment resonates with Musk’s defenders, who believe that his platform’s departure from mainstream media and Silicon Valley orthodoxy has made him a threat to the status quo.

NEW: The U.S. Securities and Exchange Commission (SEC) intends to seek sanctions against Elon Musk for failing to appear for court-ordered testimony for his Twitter takeover.

The Swamp doesn't like it when they can't control what you say.

The SEC is investigating whether or not… pic.twitter.com/aNUfXAKdCQ

— Collin Rugg (@CollinRugg) September 20, 2024

Lex Fridman: In its best form, could the SEC be a force for good?

Elon Musk:

It should be, but not once did the DEC go after any of the hedge funds who were non-stop shorting and distorting Tesla. Not once. The hedge funds would lie flat out on TV for their own gain, at the expense of retail investors. Literally a thousand times. Not once did the SEC pursue them. 

Lex Fridman: How do you explain this failure?

Elon Musk: 

The incentive structure is messed up. The lawyers of the SEC are not paid well. It’s a fairly low-paying job. What they’re looking for is a trophy. From the SEC, they’r looking for something they can put on their LinkedIn and from that, they can get a job at a high-paying law firm. 

The reason they don’t attach the hedge funds is because those hedge funds employ those law firms. They know: If they attach the hedge funds they’re affecting their future career prospects. So they sell small investors down the river for their own career. That’s what actually happens. Regulatory capture. It’s not good. 

Further amplifying the claims of political bias, another user, Jericho, argued that Musk’s independence is a primary concern for the political establishment: “They have targeted Elon because his X platform is wiping legacy media off the map, and of course they don’t like the free speech aspect of it, and it’s the largest platform that they don’t control.” These concerns tie into broader anxieties about free speech, with Musk seen as a rare figure in tech who has resisted government and corporate influence over what content is allowed online.

Critics have also suggested that Musk’s political leanings may have made him a lightning rod for the Biden administration’s regulatory apparatus. While the SEC’s investigation is ostensibly about potential securities violations, several commentators believe there is more at play. Valentina Gomez noted on X, “The SEC is now the latest agency to be weaponized against a law-abiding Citizen. This is why Mark Cuban is trying to force the buy of X, so they can control free speech. I’m with Elon.” The implication here is that Musk’s control over X, a platform with significant influence on public discourse, has put him at odds with the federal government, which is led by the Biden administration, a Democratic White House.

This line of thought underscores the broader concerns about regulatory capture and political bias. Critics argue that the SEC, as part of the executive branch, could be influenced by the political priorities of the administration in power. Given that the Biden administration has taken strong stances on social media regulation, particularly around misinformation and content moderation, it’s plausible that Musk’s free speech advocacy on X—often framed in opposition to government-imposed limits—may have drawn additional scrutiny.

Musk himself has frequently criticized regulatory bodies, including the SEC, for what he sees as their alignment with powerful corporate interests and political agendas. In a conversation with Lex Fridman, Musk commented, “The SEC…they’re looking for something they can put on their LinkedIn and from that, they can get a job at a high-paying law firm.” He went on to say that the SEC tends to avoid going after big players, such as hedge funds, and instead targets smaller, more vulnerable entities or individuals. Musk’s criticism of the SEC extends to claims of “regulatory capture,” where government agencies purportedly serve the interests of those they are meant to regulate rather than the public.

This criticism has fed into the perception that the SEC’s actions against Musk are not solely about enforcing securities laws but are instead part of a broader effort to curtail his influence—particularly as he wields control over one of the largest social media platforms. The rebranding of Twitter to X has only intensified these concerns, as X has increasingly positioned itself as a free-speech haven, contrasting with the more controlled environments of Meta and other platforms.

The potential political motivations behind the SEC’s actions are further complicated by Musk’s fraught relationship with the Democratic establishment. While Musk has expressed support for various political figures across the spectrum, his increasingly vocal critiques of government overreach have aligned him more with libertarian and conservative viewpoints, particularly on issues of free speech and regulation. This has not gone unnoticed by his critics, who see his acquisition of Twitter and its rebranding as X as a deliberate move to challenge the prevailing norms of media control and influence.

As the legal drama unfolds, the question remains: Is the SEC acting within its regulatory mandate, or is it part of a broader political effort to rein in a figure who has become increasingly defiant of governmental and corporate influence? Musk’s supporters argue that the latter is more likely, pointing to the Biden administration’s broader push to regulate social media platforms and combat what it calls “misinformation.”

While the SEC has not commented on any political motivations behind its probe, the timing of its actions—coinciding with Musk’s free-speech advocacy and transformation of X—has led to widespread speculation that this is more than just a case of securities enforcement. As the legal and political battles continue, Musk’s supporters will likely see him as a maverick standing up to a system intent on stifling dissent, while his critics will argue that his disregard for regulation warrants close scrutiny. Either way, the SEC’s actions are bound to have significant implications for both Musk and the future of X.

What’s Next for Musk?

Musk’s legal team has rescheduled the missed deposition for October 3, but the SEC has expressed doubts that he will comply. “Without further action by the Court, nothing deters Musk” from missing future testimony, the agency warned in its filings. If the court sides with the SEC, Musk could face sanctions, including fines or other legal consequences.

The broader implications of this case remain unclear. While the SEC continues to probe whether Musk broke securities laws in his Twitter takeover, the tech mogul’s ongoing leadership of Tesla, SpaceX, and X suggests that his influence will not wane any time soon. Yet the tension between Musk and federal regulators signals that legal scrutiny will continue to follow one of the world’s most high-profile entrepreneurs.

For now, all eyes remain on the October 3 deposition, where Musk is expected to finally testify. Whether this will bring resolution to the SEC’s probe—or merely fuel more controversy—remains to be seen.