Elon Musk accuses SEC of "unconstitutional power grab" over tweets

Photo: Robyn Beck-Pool/Getty Images

Elon Musk's lawyers told a federal judge Monday the Tesla CEO should not be held in contempt of court for tweets the Securities and Exchange Commission says violated a settlement agreement.

Details: The SEC asked last month for Musk to be held in contempt for publishing "inaccurate" information on Twitter about Tesla. The complaint relates to a February 19 tweet by Musk that Tesla would build 500,000 cars in 2019. He posted another tweet soon after clarifying that claim, saying Tesla would build at an annual rate of 500,000 cars by the end of 2019 but it would only build 400,000 cars this year.

What they're saying: In a response filing, Musk's lawyers said the SEC was trying to "trample on Musk's First Amendment rights" in an "unconstitutional power grab" that "smacks of retaliation and censorship" for saying in a "60 Minutes" interview he had no respect for the regulator. In a sworn declaration, Musk added he had "dramatically decreased" the amount he had tweeted about Tesla to ensure he complied with the settlement.

Go deeper: The Elon Musk vs. SEC battle has flared up again

What's next

New York Times endorses Elizabeth Warren and Amy Klobuchar for president

Democratic presidential candidates Sens. Elizabeth Warrenand Sen. Amy Klobuchar at the December 2020 debatein Los Angeles. Photo: Justin Sullivan/Getty Images

The New York Times editorial board has endorsed Sens. Elizabeth Warren and Amy Klobuchar for president, in a decision announced on national television Sunday night.

Why it matters: The board writes in its editorial that its decision to endorse two candidates is a major break with convention that's intended to address the "realist" and "radical" models being presented to voters by the 2020 Democratic field.

Go deeperArrow1 hour ago - Media

What's next in the impeachment witness battle

Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska). Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images

Senators will almost certainly get to vote on whether or not to call impeachment witnesses. The resolution laying out the rules of the trial, which will be presented Tuesday, is expected to mandate that senators can take up-or-down votes on calling for witnesses and documents.

Yes, but: Those votes won't come until the House impeachment managers and President Trump's defense team deliver their opening arguments and field Senators' questions.

Inside Trump's impeachment strategy: The national security card

White House counsel Pat Cipollone and acting Chief of Staff Mick Mulvaney. Photo: Jabin Botsford/The Washington Post via Getty Images

Trump officials say they feel especially bullish about one key argument against calling additional impeachment witnesses: It could compromise America's national security.

The big picture: People close to the president say their most compelling argument to persuade nervous Republican senators to vote against calling new witnesses is the claim that they're protecting national security.