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Tesla subpoena hearing update: Claims of corruption in Michigan

[Photo credit: Electric Jen]

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Assistant Attorney General Rock Wood, who represented the legislators, told Judge Ellen Carmody Thursday that courts generally only lift the veil of internal communications for criminal cases and for civil cases involving voting rights and redistricting, as reported by the Detroit Free Press.

“There would be no reason to make an exception for the Tesla lawsuit,” Wood said.

Wood went on to say that if Carmody allows access to lawmakers’ records in such a case, there will be a raft of lawsuits aimed at harassing and intimidating lawmakers to the extent that “legislators are spending all their time on this, and can’t legislate,” Wood said.

Tesla attorney John Bursch, a former state solicitor general, said there’s no privilege for communications between lawmakers and third parties, such as lobbyists.

And because the case is about potential economic discrimination that harms consumers and violates the commerce clause of the U.S. Constitution, communications among lawmakers and between lawmakers and their staff members are also subject to subpoena, Bursch told the court.

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The electric automaker had subpoenaed records from Governor Rick Snyder, Senator Joe Hune and Representative Jason Sheppard and others in its federal lawsuit against Snyder.

Tesla especially zeroed in on Senator Hune, who has received contributions from the Michigan Automobile Dealers Association. According to the Detroit Free Press, Tesla attorney John Bursch said in court Thursday that Hune was subpoenaed because he introduced the last minute amendment that effectively created the Anti-Tesla law and that his wife, Marcia, “works for the auto dealers” as a registered lobbyist employed by a firm that has the Auto Dealers of Michigan as a client.

The Hunes had not responded to Detroit Free Press’s request for comment and Sheppard declined a comment through a spokeswoman.

The subpoena also included Representative Sheppard, who wasn’t in office at the time. His inclusion comes from his statement to a Tesla representative that Michigan auto dealers and manufacturers don’t want Tesla in Michigan, “so you’re not going to be here,” as recounted by Bursch.

The subpoena hearing stems from a lawsuit against Snyder, Michigan’s Secretary of State Ruth Johnson and state Attorney General Bill Schuette over a 2014 state law that has colloquially become known as the Anti-Tesla bill. The law bans automakers from selling vehicles directly to consumers, which is Tesla’s sales model.

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Tesla’s complaint outlines that the law’s purpose is “to reward the dealers’ generous lobbying efforts by handing them a monopoly,” as we previously reported.

Tesla is seeking two things from the lawsuit: a declaratory judgment that Michigan’s ban on direct-sales violates the Due Process, Equal Protection, and Commerce Clauses of the Constitution as applied to Tesla and a permanent injunction preventing state officials from enforcing the law, including the October 2014 amendment.

Interim East Coast Editor for Teslarati, contributor for NextMobility. Share tips at mdolzer@teslarati.com

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Energy

Tesla lands in Texas for latest Megapack production facility

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(Credit: Tesla)

Tesla has chosen the location of its latest manufacturing project, a facility that will churn out the Megapack, a large-scale energy storage system for solar energy projects. It has chosen Waller County, Texas, as the location of the new plant, according to a Commissioners Court meeting that occurred on Wednesday, March 5.

Around midday, members of the Waller County Commissioners Court approved a tax abatement agreement that will bring Tesla to its area, along with an estimated 1,500 jobs. The plant will be located at the Empire West Industrial Park in the Brookshire part of town.

Brookshire also plans to consider a tax abatement for Tesla at its meeting next Thursday.

The project will see a one million square-foot building make way for Tesla to build Megapack battery storage units, according to Covering Katy News, which first reported on the company’s intention to build a plant for its energy product.

CEO Elon Musk confirmed on the company’s Q4 2024 Earnings Call in late January that it had officially started building its third Megapack plant, but did not disclose any location:

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“So, we have our second factory, which is in Shanghai, that’s starting operation, and we’re building a third factory. So, we’re trying to ramp output of the stationary battery storage as quickly as possible.”

Tesla plans third Megafactory after breaking energy records in 2024

The Megapack has been a high-demand item as more energy storage projects have started developing. Across the globe, regions are looking for ways to avert the loss of power in the event of a natural disaster or simple power outage.

This is where Megapack comes in, as it stores energy and keeps the lights on when the main grid is unable to provide electricity.

Vince Yokom of the Waller County Economic Development Partnership, commented on Tesla’s planned Megapack facility:

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“I want to thank Tesla for investing in Waller County and Brookshire. This will be a state-of-the-art manufacturing facility for their Megapack product. It is a powerful battery unit that provides energy storage and support to help stabilize the grid and prevent outages.”

Tesla has had a lease on the building where it will manufacture the Megapacks since October 2021. However, it was occupied by a third-party logistics company that handled the company’s car parts.

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Judge rejects Elon Musk’s OpenAI injunction request, but offers fast trial

The judge, however, opened the door for an expedited trial on Musk’s core claims against the artificial intelligence startup.

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MINISTÉRIO DAS COMUNICAÇÕES, CC BY 2.0 , via Wikimedia Commons

A federal judge has rejected Elon Musk’s push to block OpenAI’s for-profit conversion. The judge, however, opened the door for an expedited trial on Musk’s core claims against the artificial intelligence startup.

Injunction Denied, but Core Case Advances

U.S. District Judge Yvonne Gonzalez Rogers ruled on Tuesday that “Musk has not demonstrated likelihood of success on the merits” in his request for a preliminary injunction.” The judge flagged Musk’s recent $97.4 billion bid to buy OpenAI’s nonprofit as undermining his “claim of irreparable harm.”

Judge Gonzales Rogers did offer to hold a trial in her California courtroom as early as this fall “given the public interest at stake and potential for harm if a conversion contrary to law occurred,” as noted in a report from the Associated Press. This effectively keeps Musk’s core allegations alive, including breach of contract tied to OpenAI’s nonprofit roots. 

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Musk, who invested $45 million in OpenAI from its founding until 2018, alleged that the firm violated its founding mission when it shifted its efforts into becoming a for-profit company.

Judge Gonzales Rogers, for her part, had previously questioned why the Tesla and SpaceX CEO invested tens of millions in OpenAI without a written contract. “That is just a lot of money” to invest “on a handshake,” the judge previously noted.

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What They’re Saying

OpenAI has welcomed the court’s decision. The artificial intelligence startup stated that, “This has always been about competition. Elon’s own emails show that he wanted to merge a for-profit OpenAI into Tesla. That would have been great for his personal benefit, but not for our mission or U.S. interests.”

Elon Musk lawyer Marc Toberoff also noted that he is pleased about the judge’s decision to offer an expedited trial on the lawsuit’s core claims. “We look forward to a jury confirming that Altman accepted Musk’s charitable contributions, knowing full well they had to be used for the public’s benefit rather than his own enrichment,” the lawyer stated.

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Trump tariffs could obliterate Ford, GM, and Stellantis profits, but Tesla may be safe: Barclays

Tesla will likely be safe from the adverse effects of Trump’s tariffs as the company produces its vehicles in the United States.

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Ivan Radic, CC BY 2.0 , via Wikimedia Commons

United States President Donald Trump’s 25% tariffs on imports from Canada and Mexico are threatening Detroit’s automakers, with Barclays analysts warning of a potential profit hit for Ford, GM, and Stellantis.

Tesla will likely be safe from the adverse effects of Trump’s tariffs, however, as the company produces its vehicles in the United States.

Trump Tariff Threat

As noted in a Fortune report, one out of four cars sold in the United States are built in either of the two countries. For GM and Stellantis, over a third of their vehicles that are intended for sale in the United States are produced in Mexico and Canada. 

The Trump administration’s tariffs could tack on at least $3,000 more per vehicle, Barclays analysts estimated. “Without any adjustment, we estimate it could wipe out effectively all profits for the D3,” the analysts noted.

Auto executives have expressed their reservations about the effect of Trump’s tariffs against Canada and Mexico. In a comment to Fortune last month, Ford CEO Jim Farley noted that if the Trump administration does move forward with its planned import duties, it would cost the U.S. auto industry billions of dollars in profit headwinds. 

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“We would have to make some major strategy shifts in the U.S., build new plants et cetera, if this persists. Obviously, it’s a devastating impact,” Farley noted.

Tesla Dodges Bullet

Tesla could very well sidestep the worst of the tariffs, as the EV maker assembles the vehicles it sells in the U.S. within the country with minimal reliance on Mexican parts. Elon Musk has also noted that Tesla’s planned Gigafactory Mexico has been paused for now.

Tesla’s vehicles, such as the Model Y and the Model 3, have been listed as among the most American-made cars over the years. Tesla’s vehicle production facilities in the United States such as the Fremont Factory and Giga Texas are also among the largest and most productive auto plants in the country.

Barclays’ Warning

Overall, Barclays analysts noted that if Trump’s high import duties are left in place, automakers such as Ford, GM, and Stellantis will likely feel a lot of pain. This may be the case even if the tariffs themselves are reduced.

“Given the potential for significant disruption ahead if the tariffs stick, we believe it’s a reminder as to why tariffs of this magnitude are unlikely to stick… Even if the tariffs are scaled back to something more modest (or are used to bring content back to the U.S.), it promises to add cost to vehicles, likely causing inflation,” the Barclays analysts warned.

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