DECLARATION of G. Taylor Wilson In opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claim for Defamation [58] VOLUME 3 OF 6 filed by Plaintiff Vernon Unsworth. (Wade, Nicole)
On pages 39-41, this document contains e-mails indicating that Elon Musk consulted his then-PR advisor, Juleanna Glover, about appearing on Joe Rogan's popular podcast in order to distract media attention away from his "pedo guy" comments on Twitter.
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DECLARATION of G. Taylor Wilson In opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claim for Defamation [58] VOLUME 3 OF 6 filed by Plaintiff Vernon Unsworth. (Wade, Nicole): Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 1 of 129 Page ID #:1752
EXHIBIT 29
EXHIBIT 29
Exhibit 29
Page 539
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 8 of 129 Page ID #:1759
News
15th July
Two teenage boys stabbed in Boscombe leaving one ghting for
his life
By Jade Grassby
@JadeDailyEcho
Two teenage boys stabbed in Boscombe leaving one ghting for his life
A TEENAGER is ghting for his life after being stabbed in Boscombe.
Continue reading
News
21st August
7
Armed police respond to reports of man with a gun in
Bournemouth
Exhibit 30
Page 546
MENU
PDF Page 10
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 9 of 129 Page ID #:1760
By Jason Lewis JasonDailyEcho
Multimedia Reporter
Armed police respond to reports of man with a gun in Bournemouth
ARMED police descended on the Lower Gardens in Bournemouth town centre after reports of a man with a gun half a mile away.
Continue reading
News
16th August
Body of man found at Pelhams Park in Bournemouth
By Jim Durkin
7
Exhibit 30
Page 547
MENU
PDF Page 11
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 10 of 129 Page ID #:1761
Body of man found at Pelhams Park in Bournemouth
POLICE sealed off a piece of land close to a popular children’s play area in Bournemouth after a body of a man was discovered.
Continue reading
News
12th July
Young boy, aged 12, charged with possession of knife following
'disturbance' at bus station
By Jim Durkin
7
Exhibit 30
Page 548
MENU
PDF Page 12
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 11 of 129 Page ID #:1762
Young boy, aged 12, charged with possession of knife following 'disturbance' at bus station
A TWELVE year old boy has been charged with assault and possession of a knife after police were called to an alleged disturbance at Poole
Bus Station.
Continue reading
Beales reveals £3m loss – but boss
praises "big achievement" of keeping
sales steady
1
Man dies after he's found
unconscious in Boscombe Chine
Gardens with area cordoned off by
police
7
Every set of roadworks currently
causing problems for drivers in
Bournemouth and Poole (as council
says 'get a bus')
100
Claims dogs are being stolen from
Tuckton and used as bait by 'gang in
white Nissan van' are just rumours,
police say
GALLERY: Thousands take part in
Bournemouth Marathon Festival
marathon and half-marathon
7
27
Exhibit 30
Page 549
MENU
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 13 of 129 Page ID #:1764
EXHIBIT 31
EXHIBIT 31
Exhibit 31
Page 551
PDF Page 15
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 14 of 129 Page ID #:1765
REPORTING TO YOU
TECH
Elon Musk Hired A Convicted Felon To
Investigate The Cave Rescuer Who Is
Now Suing Him
The Tesla CEO paid James Howard-Higgins more than $50,000 to look into
a man he thought was a pedophile. Musk, however, failed to examine
Howard-Higgins’ past.
By Ryan Mac and Mark Di Stefano
Reporting From
London
Posted on October 3, 2019, at 3:55 p.m. ET
Jim Watson / AFP / Getty Images
31
Elon Musk Hired A Convicted Felon To Exhibit
Investigate
The Cav
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PDF Page 16
When Elon Musk publicly called a British cave rescuer who had
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 15 of 129 Page ID #:1766
insulted him a “pedo guy” last year, the billionaire entrepreneur had
no evidence to back up his claims. And while he later apologized for
the outburst, the Tesla Motors and SpaceX CEO went on to hire a
private investigator to dig up dirt that might support his
unsubstantiated accusation.
BuzzFeed News has found that the self-proclaimed private investigator
whom Musk hired was a convicted felon and scammer.
Public records and interviews reveal that the man Musk contracted,
James Howard-Higgins, stole money from his business partners and
was sentenced to three years in prison for fraud. Past associates of the
man described the Englishman to BuzzFeed News as a “Walter Mitty
character” who repeatedly defrauded a company he cofounded despite
disciplinary actions that were meant to keep him in check.
Recently released court documents from a defamation case in US
federal court show that Musk retained Howard-Higgins after the selfproclaimed investigator cold-emailed him offering to “dig deep” into
Vernon Unsworth, a British expat who played a key role in the rescue
of a boys soccer team from a Thailand cave system in July 2018.
Unsworth, who had criticized Musk’s efforts to involve himself in the
cave rescue, is now suing the billionaire for publicly calling him a
pedophile and “child rapist,” an allegation partly based on
unsubstantiated information given to him by Howard-Higgins.
Musk’s failure to effectively vet a private investigator he hired and his
willingness to repeat serious and unfounded allegations against
Unsworth are the latest in a series of public blunders for Tesla’s CEO,
whose win-at-all-costs mentality has drawn him into a number of
high-profile fights with regulators, former employees, and
shareholders. And it has renewed the concerns of institutional
31
Elon Musk Hired A Convicted Felon To Exhibit
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PDF Page 17
investors, some of whom have sued to keep Musk from engaging in
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 16 of 129 Page ID #:1767
reputationally damaging arguments on Twitter.
"If I’m sitting on that board, I’d say, 'Wow, does he
take similar impulsive moves when he’s working on
our company’s strategy?'"
Public company executives should have “thicker skin,” said Columbia
Business School adjunct professor William Klepper, noting that Musk
has a fiduciary duty not to jeopardize billions of dollars of investment
in his companies by acting like a “loose cannon.”
“If I’m sitting on that board, I’d say, ‘Wow, does he take similar
impulsive moves when he’s working on our company’s strategy?” he
said.
Musk and members of his staff did not respond to multiple requests
for comment.
With Musk facing a defamation suit from Unsworth, court documents
prepared for his defense show that he and the head of his family office
explicitly retained Howard-Higgins to find information that might
support Musk’s claims that the cave rescuer was a pedophile. But these
same documents also show that the billionaire entrepreneur’s staffers
did little to vet the investigator, a 47-year-old man from Dorset in
southwest England, who served 18 months of his three-year sentence
in October 2016 for stealing more than £426,000 (about $525,000) from
his company, Orchid Maritime Security Ltd.
As a cofounder of Orchid Maritime, a private maritime security
company based in the English seaside town of Poole, Howard-Higgins
worked on sales and marketing, according to former business
associates. Those associates told BuzzFeed News they noticed large
amounts of money missing from company accounts and suspected
31
Howard-Higgins was responsible.
Elon Musk Hired A Convicted Felon To Exhibit
Investigate
The Cav
Page 554
PDF Page 18
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 17 of 129 Page ID #:1768
James Howard-Higgins
Courtesy of Bournemouth CID
They were right. A local press report describing the incident noted that
Howard-Higgins confessed to stealing around £260,000 ($320,000),
though the company forgave their cofounder and absorbed the debt
he’d accumulated.
Following that incident, Howard-Higgins opened a credit card for the
business under another person’s name and began racking up debt
again, according to the report. After Orchid Maritime busted and
disciplined him a second time, Howard-Higgins began directing
31
Elon Musk
Hired A Convicted Felon To Exhibit
Investigate
The Cav
company funds into a personal
account.
Page 555
PDF Page 19
“James Howard-Higgins systematically stole from his business partner
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 18 of 129 Page ID #:1769
over a sustained period of time despite being caught in the act and
given numerous second chances,” a detective constable wrote at the
time of his arrest in 2016. “He selfishly abused his position of trust.”
Charged with 14 counts of fraud, Howard-Higgins pleaded guilty to
seven. He did not respond to multiple requests for comment.
In a statement to BuzzFeed News, Mark Wood, another Orchid
Maritime cofounder, likened his former business partner to Walter
Mitty, a fictional character known for indulging in fantastic
daydreams about himself, and called him “manipulative, persuasive
and coercive.”
“The enormity of his deception and fraudulent actions within the
business led me to call in the police,” he said.
“With a prison record it ought to be difficult to continue in this same
line of business,” Wood added. “Sadly it appears not to be the case."
“You May Want to Dig Deep”
After being released from prison and barred from directorship of any
UK-registered company for 10 years, Howard-Higgins revived an old
venture he called Jupiter Military & Tactical Systems. There is no UK
registration for the company, and sources close to Howard-Higgins
described Jupiter as little more than an email account and a website.
On July 17, 2018, the same day Musk had declared Unsworth a “pedo
guy” for calling a mini submarine the billionaire contributed to the
Thai cave rescue effort “a PR stunt,” Howard-Higgins reached out to
the Tesla CEO from a Jupiter email address.
“You may want to dig deep into Mr. Unsworth[‘s] past to prepare for
his defamation claim,” he wrote in a note that was forwarded toExhibit 31
Elon Musk Hired A Convicted Felon To Investigate The Cav
Page 556
Musk’s personal assistant and then his chief of staff, Sam Teller.
PDF Page 20
Omitting his full last name, Howard-Higgins identified himself as
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 19 of 129 Page ID #:1770
James Howard, CEO of Jupiter Military & Tactical Systems.
“No smoke without fire!” he added.
James Howard-Higgins
Provided to BuzzFeed News
In early August of that year, Musk received a legal threat from Lin
Wood, an attorney representing Unsworth, notifying the billionaire
that the cave rescuer had retained counsel and was preparing a libel
suit. Shortly thereafter, around Aug. 15, Musk directed Jared Birchall,
the head of his family office, Excession LLC, to retain “James Howard”
according to Birchall’s sworn declaration in the Unsworth defamation
case.
Musk claims to have never directly spoken with the private
31
Elon Musk Hired A Convicted Felon To Exhibit
Investigate
The Cav
Page 557
investigator. But in a deposition, he said he thought Howard-Higgins
PDF Page 21
“appeared to be credible” based on information given to him by
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 20 of 129 Page ID #:1771
Birchall, who was communicating with the investigator using the alias
“James Brickhouse.” In emails sent by Howard-Higgins to Birchall, he
claims to have spent 11 years in the UK special forces and two years
with the United Kingdom’s security services with additional work for
the likes of billionaires George Soros and Paul Allen.
A representative for Soros found no evidence that Howard-Higgins
had done work for the financier or his related companies. One former
colleague said the only connection between Howard-Higgins and Soros
was that his uncle had done “property work” for the Hungarian
American billionaire. Vulcan Inc., the investment and philanthropy
office of the now-deceased Allen, did not respond to a request for
comment.
Former colleagues disputed Howard-Higgins’ characterization of his
military record. Mark Wood, his former business partner, said,
“[Howard-Higgins] categorically never served in the police, military or
any intelligence services.” The UK’s Home Office did not respond to
questions about Howard-Higgins.
According to a web archive from August 2018, Jupiter’s now-defunct
website — which featured a black and white phoenix symbol used by
several gamers and a London-based electronic music producer — said
the company provided bespoke “Government Police and Military
Training Solutions,” and listed a PO box in Doha, Qatar, and an address
in Berkeley Square, an upmarket area of Mayfair in London. In reality,
the UK address is used by one of Howard-Higgins’ former business
associates, who told BuzzFeed News the location is the registered
headquarters of his current company, and not linked to HowardHiggins.
It appears that Birchall and Musk were not aware of any of this. After
31
reviewing documents and Elon
supposed
past work
provided
by HowardMusk Hired
A Convicted
Felon
To Exhibit
Investigate
The Cav
Page 558
PDF Page 22
Higgins, Birchall “believed Mr. Howard to be a capable and credible
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 21 of 129 Page ID #:1772
investigator” and agreed to hire him for around $50,000. Meanwhile,
Howard-Higgins was already feeding him unsubstantiated theories
about Unsworth.
“The target is unlikely to have a history of offending in the UK as this
would already have come to the surface but I think like others that his
motivations for residing in Thailand may unearth some unsavoury
practises and relationships,” Howard-Higgins wrote to Birchall.
Project Rowena
The pair began regular contact on what they called “Project Rowena”
— according to two sources, Howard-Higgins’ girlfriend is named
Rowena. Birchall, posing as Brickhouse, would call or email HowardHiggins, and relay whatever information he was given back to Musk.
In email correspondence detailed in the court documents, HowardHiggins’ made innuendo-laden claims about Unsworth and his
associates, without providing any evidence to back them up.
"We aren’t looking to frame anyone"
“Early feedback on the target is there is indeed an unpleasant
undertone to some of his lifestyle choices,” he wrote in an Aug. 17,
2018, email to Birchall. “There is no question that the target
'associates' locally with Europeans who enjoy 'Thai comforts' that are
not acceptable in a developed society.”
Birchall then followed with an email on Aug. 27, according to legal
exhibits, asking for more explicit and exact details on Unsworth.
Claiming that there were “planned attacks in the media and/or a
lawsuit,” he sent a list of 14 specific questions asking for information
about a possible divorce in the UK and whether Unsworth’s Thai
31
partner was “the 10th teenage
heHired
met A
before
he decided
to Exhibit
settle.”
Elon girl
Musk
Convicted
Felon To
Investigate
The Cav
Page 559
PDF Page 23
“With that said, we aren’t looking to frame anyone,” Birchall added.
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 22 of 129 Page ID #:1773
Vernon Unsworth with his MBE following an investiture ceremony at Buckingham Palace on June 12
in London.
Wpa Pool / Getty Images
There is no evidence to suggest that Unsworth or his friends in
Thailand behaved in the ways Howard-Higgins alleged.
Birchall did not respond to an emailed request for comment.
In his statement to the court, Birchall recalled that shortly after he
retained Howard-Higgins, the investigator told him there was a Thai
news article that claimed Unsworth’s Thai partner said she first met
him when she was 11 or 12. Birchall said he reported those details to
Musk.
But court documents include no evidence of the Thai news clipping
31
Elon Musk Hired A Convicted Felon To Exhibit
Investigate
The Cav
Howard-Higgins allegedly described to Birchall, and BuzzFeed News
Page 560
PDF Page 24
was unable to find it. Moreover, two documents Howard-Higgins sent
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 23 of 129 Page ID #:1774
to Birchall explicitly note that the investigator had not confirmed the
age of Unsworth’s partner. In an Aug. 27 email, for example, HowardHiggins color-codes her age as something he is “in the process of
verifying.”
“Mr Unsworth is 63 years old,” Howard wrote in a different, more
formal report dated on Aug. 30, 2018 that was included in the
defamation case’s filings. “His wife we believe is 30, (we will confirm
this in the next 48hrs) which would have put her at 18/19 when they
first met. The target would have been 52 yrs old at the time.”
In September of last year, Unsworth’s longtime partner, Woranan
Ratrawiphukkun, told BuzzFeed News she was actually 40. Lin Wood,
Unsworth’s attorney, said in a statement to BuzzFeed News that the
cave rescuer is not technically married to Woranan, but that he
consider her his “partner and companion.”
"I have faith in what Jared was conveying to me
was an accurate retelling of this guy."
It is not yet clear if Howard-Higgins ever managed to establish the
true age of Unsworth’s partner. But it is obvious that the
unsubstantiated, caveated claims he fed to Birchall made their way to
Musk, who viewed it as proof of his allegations and eventually told a
BuzzFeed News reporter over email that Unsworth was a “child rapist”
who took a child bride. Attorneys for Musk and Unsworth have both
requested testimony from BuzzFeed News.
“I have faith in what Jared was conveying to me was an accurate
retelling of this guy,” Musk said in a deposition earlier this summer. In
further questioning by Unsworth’s lawyers, the billionaire also made it
clear he never verified the information before relaying it to a reporter.
31
Elon Musk Hired A Convicted Felon To Exhibit
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The Cav
Page 561
PDF Page 25
“I just — I’d just been informed of a bad fact pattern,” he said. “It
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 24 of 129 Page ID #:1775
seems like if a journalist cares about finding what’s going on, they
should go find out what’s going on. This is what I’ve been told. May or
may not be true; please investigate.”
Musk sent the email with supposed information about Unsworth to a
BuzzFeed News reporter on Aug. 30, 2018.
“I suggest that you call people you know in Thailand, find out what’s
actually going on and stop defending child rapists, you fucking
asshole,” he wrote. “He’s an old, single white guy from England who’s
been traveling to or living in Thailand for 30 to 40 years, mostly
Pattaya Beach, until moving to Chiang Rai for a child bride who was
about 12 years old at the time.”
Musk has since defended his behavior by claiming “pedo guy” is South
African slang for a creepy guy (though that’s been disputed) and
arguing that he went after Unsworth because he feared he might be
another Jeffrey Epstein. BuzzFeed News and Vanity Fair have since
reported that Musk had been to several events with Epstein following
the financier's 2008 guilty plea for soliciting prostitution from an
underage girl, and visited his house “several years ago.”
Unsworth’s lawyer said in a statement that the documents released
thus far in the case only tell Musk’s side, and that cave rescuer’s
response to the defense’s motion for a dismissal of the case will reveal
much more about “the falsity of his public statements.”
“Mr. Unsworth’s response will focus on the actual sworn testimony
and documents developed in this case rather than the manufactured
misrepresentations, half-truths, omissions and smear tactics
presented by Musk in his motion,” Wood said. “In sum, Musk had no
credible or verified information at any time that supported his false
accusations that Mr. Unsworth was a pedophile, a child rapist who
31
Elon Musk Hired A Convicted Felon To Exhibit
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The Cav
Page 562
PDF Page 26
married a 12-year old child bride or lived for 30 years in Pattaya
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 25 of 129 Page ID #:1776
Beach.”
Photos posted to James Howard-Higgins' girlfriend’s private Instagram account after Elon Musk was
sued last fall show the Brit traveling through the Middle East, visiting Wimbledon, staying at resorts,
and eating at steakhouses.
Provided to BuzzFeed News / Via Instagram
With their response to Musk’s motion to dismiss the case for summary
judgment expected next week, Unsworth’s legal team has dug in,
seeking depositions from current and former executives at the
billionaire’s companies and close confidants. Meanwhile, little has
been heard from Howard-Higgins. In a statement, Wood said he has
been unable to locate the British man for questioning.
Photos posted to his girlfriend’s private Instagram account after Musk
was sued last fall show Howard-Higgins traveling through the Middle
East, visiting Wimbledon, staying at resorts, and eating at
steakhouses. That lifestyle, however, seems to have come to an end.
31
Elon Musk Hired A Convicted Felon To Exhibit
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Page 563
PDF Page 27
According to multiple sources, Howard-Higgins also recently violated
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 26 of 129 Page ID #:1777
the terms of his parole. Musk's private investigator is back in jail
serving the remainder of his three-year sentence.
Ryan Mac is a senior tech reporter for BuzzFeed News and is based in San Francisco.
Contact Ryan Mac at ryan.mac@buzzfeed.com.
Got a confidential tip? Submit it here.
Mark Di Stefano is a media and politics correspondent for BuzzFeed News and is based in
London.
Contact Mark Di Stefano at mark.distefano@buzzfeed.com.
Exhibit 31
Page 564
PDF Page 28
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 27 of 129 Page ID #:1778
EXHIBIT 32
EXHIBIT 32
Exhibit 32
Page 565
PDF Page 29
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 28 of 129 Page ID #:1779
From:
Sent:
To:
CC:
Subject:
Sam Teller [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
{FYDI BO HF 23SPDLT)/CN=RECI PIENTS/CN=3BBD889935194BES BF3603B89339F 2AE-SAM TELLER]
7/15/2018 10:34:11 AM
Dave Arnold [dwarnold@tesla.com]
Laura Hardy [lhardy@tesla.com]; Sarah O'Brien [sobrien@tesla.com]
Re: Media Enquiry re: CEO
Yeah
On Jul 15, 2018, at 12:04 PM, Dave Arnold wrote:
We should definitely just ignore these inquires.
From: Laura Hardy
Sent: Sunday, July 15, 2018 10:03 AM
To: Dave Arnold
Cc: Sam Teller; Sarah O'Brien
Subject: Re: Media Enquiry re: CEO
Thanks both.
Follow up email with a question to understand their narrative -
'I'd like to ask for clarification on whether the CEO, Mr Musk is accusing Vernon Unsworth of being a
paedophile.'
Sent from my iPhone
On 15 Jul 2018, at 17:41, Dave Arnold wrote:
We're getting multiple inquiries this morning. I'm ignoring.
From: Sam Teller
Sent: Sunday, July 15, 2018 9:00 AM
To: Laura Hardy
Cc: Sarah O'Brien; Dave Arnold
Subject: Re: Media Enquiry re: CEO
Yeah, unfortunately I think we are just stuck not commenting today. Will let you know if I get anymore.
On Jul 15, 2018, at 10:51 AM, Laura Hardy wrote:
FYI this is getting picked up here. We got cut off (bad signal at Goodwood) and I haven't
managed to get him back on the phone but assuming we are leaving it at the tweets•
regardless of his questions. Let me know if you want me to send him anything.
Thanks
Laura
Exhibit 32
Page 566
TESLA001455
PDF Page 30
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 29 of 129 Page ID #:1780
Exhibit 32
Page 567
PDF Page 31
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 30 of 129 Page ID #:1781
EXHIBIT 33
EXHIBIT 33
Exhibit 33
Page 568
PDF Page 32
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 31 of 129 Page ID #:1782
From:
James Brickhouse
Sent:
Tue 8/28/2018 9:48 AM (GMT-07:00)
"Jupiter Private"
To:
Cc:
Bee:
Subject:
Re: Target visit to 10 Downing Street
Attachments: PastedGraphic-600001.tiff; image00200002.jpg; PastedGraphic-600003.tiff;
image00200004.jpg
Ok, thank you for this information. We would like you to immediately move forward with
'leaking' this information to the UK press. Obviously must be done very carefully.
The line of thinking at this point is as fo llows:
•
•
•
•
•
Thailand is the world capital of pedophilia
This man bas frequented Thailand since the 80's - eventually leading to his divorce to his
wife in the UK.
While the guise of cave exploration is creative, there are amazing and extensive caving
systems in many places throughout the world - not just in Thailand. Even the most ardent
supporter of Thai food doesn't eat Thai food every day.
He eventually woman 30 years his minor - whom he met while she was a teenager.
He had been going to Thailand for decades before marrying her. She wasn't the first girl
he met - and definitely not the first teenager he interacted with.
Share the facts and as you said, that should be enough for a story.
But we'd like to make this happen immediately.
On Tue, Aug 28, 2018 at 2:48 AM Jupiter Military & Tactical Systems < info@ jupiterprivate.com> wrote:
Jim,
Please see below the image of the Target's visit to IO Downing St. I have spoke to David, one of my EP
Leads this morning w ho spent 20+ yrs in the Met Police & the last 10 yrs with the SO I Royal Protection
Group and he reached out to former colleagues too confirm hat all visitors to the the PM' s office would go
through ' DV" discreet vetting. Principally avoid any embarrassment to the UK Gov. I am certain that the
Target would not have had an invitation extended if there was anything o n his UK record.
At the event, also attended by the Thai Ambassador Mr Pisanu Suvanajata, Among those attending with their
fami lies was John Volanthen, one of the British di vers who was part of the team which first discovered
theboys. He was also one of the three divers who went out as the initial team and who helped place guides in
the cave to assist others in navigation.
A lso at the event was Robert Harper, who was part of the team which pinpointed the boys' exact location, and
Vernon U nsworth, who first alerted cave di vers in the UK to the situation in Thailand.
~
L~'"J
Exhibit 33
Page 569MUSK 000410
PDF Page 33
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 32 of 129 Page ID #:1783
Kind regards,
James
CEO - Qatar & UAE
Jupiter Military & Tactical Systems
Al Saad - Area 38
Street No. 893, Building No. 7
P .O. Box 22509 Doha
State of Qatar
+44 (0) 7917 401601
info@jupiter-private.com
www.jupiter-private.com
Jupiter Executive Protection
43 Berkeley Square
Mayfair, London
W1J 5FJ
+44 (0) 7917 401601
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity
to whom they are addressed. If you have received this email in error please notify the system manager.
This message contains confidential information and is intended only for the individual named. If you are not the
named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately
by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not
the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the
contents of this information is strictly prohibited.
Exhibit 33
Page 570MUSK 000411
PDF Page 34
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 33 of 129 Page ID #:1784
Exhibit 33
Page 571MUSK_000412
PDF Page 35
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 34 of 129 Page ID #:1785
Exhibit 33
Page 572
MUSK_000413
PDF Page 36
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 35 of 129 Page ID #:1786
Exhibit 33
Page 573MUSK_000414
PDF Page 37
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Exhibit 33
Page 574
MUSK_000415
PDF Page 38
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EXHIBIT 34
EXHIBIT 34
Exhibit 34
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Subject: Fwd:
From: Dave Arnold <"/o=exchangelabs/ou=exchange administrative group
(fydibohf23spdlt)/cn=recipients/cn=29df0a7448f04984910ec59f5077bd85-dave arnold">
Date: Wed, 05 Sep 2018 16:40:27 -0700
To: Sam Teller
I do think we should change his email address ...
From: Juleanna Glover
Sent: Wednesday, September 5, 2018 4:34 PM
To: Dave Arnold; Sam Teller; Sarah O'Brien
Subject: Fwd: Re:
RidgelyWalsh.com
202.288.2076
Begin forwarded message:
From: Elon Musk
Date: September 5, 2018 at 4:45:17 PM EDT
To: Juleanna Glover
Subject: Re:
Yup
On Sep 5, 2018, at 1:06 PM, Juleanna Glover wrote:
The podcast can be very long (3 hrs for Tyson for ex) so pick a hard stop time. Joe
doesn't interrupt much so he will let you roll (he is funny and he curses on air as
no FCC rules for podcasts). Pls figure out what you want to say about the SEC
matters? If you want to say more than is out there or not. Your attorneys should be
in loop on what you plan to say.
I don't imagine Joe will push you on that but
just be ready, so you don't make the investigation harder? Also pls pls pls pls if
Thai diver comes up pls just say you think you have gotten into enough trouble on
that already and are not going to say more?
Exhibit 34
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From: ERM
Date: Wednesday, September 5, 2018 at 3:49 PM
To: Juleanna Glover
Subject: Re: Fwd:
No, it's because a lot of people I trust have recommended that I do this.
On Sep 5, 2018, at 4:40 AM, Juleanna Glover wrote:
Ok - Joe Rogan it is! Is it because deGrasse Tyson just did the podcast?
RidgelyWalsh.com
202.288.2076
On Sep 4, 2018, at 6:35 PM, Elon Musk wrote:
Absolutely. Will have to change my email address.
On Sep 4, 2018, at 3:22 PM, Juleanna Glover wrote:
You need to ask your teams to do.this stuff. Where the facts merit, the stories
will come out. It will often take longer than you want but if it can be done ethically and appropriately - it will get done.
Exhibit 34
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Reporters are now sharing your email address with each other so pls let us take the
queries unless you know and deeply trust the writer. You will continue to get more
notes trying to bait you.
RidgelyWalsh.com
202.288.2076
On Sep 4, 2018, at 6:14 PM, Elon Musk wrote:
Completely agree. I was told about a lot of bad things this guy did and was upset
that no one cared to investigate, so responded in what I felt was off the record. In
the past, Buzzfeed has respected emails prefaced with "off the record", but this
time they did not. It was still one of the dumbest things I've ever done and this
distraction couldn't come at a worse time.
On Sep 4, 2018, at 3:07 PM, Juleanna Glover wrote:
We may have to have you do something on the record again soon. We just need to kill
this nonsense, speculation around your mental state. Will work with the team to come
up with strategic options that present you at length - leading the companies, in
charge, droll and self-aware. That in mind, in no universe is it OK for you to
continue to contemplate the sexual predilections of a Thai driver who insulted you
on TV. The facts will come out and you can revisit then.
RidgelyWalsh.com
202.288.2076
On Sep 4, 2018, at 5:54 PM, Elon Musk wrote:
Exhibit 34
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Yes, this is extremely bad. I didn't expect Buzzfeed to publish an off the record
email. My intent was to have them investigate and come to their own conclusions, not
publish my email directly.
There is a lot of incriminating evidence about this guy if journalists just bloody
well look. I was told that he spent ~30 years traveling several months each year to
Thailand, including spending a large part of that time at known underage "sex
hotels" in Pattaya Beach. There are no caves of note in the area and he had no
business reason to be there.
Still, I'm a fucking idiot.
On Sep 4, 2018, at 2:43 PM, Juleanna Glover wrote:
You know all the below already. He is a serious guy who does impactful work on
climate and it is killing him to see your impact diminished. You do have good
people to handle all of these queries (though the Thai diver matter really should
just be handled by counsel - forever or until discovery yields proof of illegality).
Twitter feed last 6 days though is®
RidgelyWalsh.com
202.288.2076
Exhibit 34
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Begin forwarded message:
From: Jeff Nesbit
Date: September 4, 2018 at 5:21:17 PM EDT
To: juleanna@ridgelywalsh.com
Subject: What can I do to help?
I know I'm a broken record ... but why is he emailing with a news organization himself
like this? He absolutely SHOULD NOT be doing this sort of direct media outreach
himself. It clearly blew up in his face, for no good reason. Who on his staff can
handle this for him? One or two more of these and I can guarantee that there will be
a no confidence vote on the BOD led by the big institutional investors. And he will
not survive such a vote, at least not in the public sphere. I will help you however
you tell me to help.
https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations
-buzzfeed-email
Sent from my iPhone
Exhibit 34
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EXHIBIT 35
EXHIBIT 35
Exhibit 35
Page 581
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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 44 of 129 Page ID #:1795
1
2
3
4
5
6
7
8
9
DAVIS WRIGHT TREMAINE LLP
10
11
12
13
14
15
THOMAS R. BURKE (CA State Bar No. 141930)
thomasburke@dwt.com
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
(415) 276-6500
Facsimile:
(415) 276-6599
THOMAS R. BURKE (CA State Bar No. 141930)
thomasburke@dwt.com
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800ss
San Francisco, California 94111
Telephone:
(415) 276-6500
Facsimile:
(415) 276-6599
KATHERINE M. BOLGER (pro hac vice forthcoming)
katebolger@dwt.com
JOHN M. BROWNING (pro hac vice forthcoming)
johnbrowning@dwt.com
KATHLEEN E. FARLEY (pro hac vice forthcoming)
kathleenfarley@dwt.com
DAVIS WRIGHT TREMAINE LLP
1251 Avenue of the Americas, 21st Floor
New York, New York 10020
Telephone: (212) 489-8230
Facsimile: (212) 489-8340
Attorneys for Non-Party Journalist
Ryan Mac
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA
18
SAN FRANCISCO DIVISION
19
20
VERNON UNSWORTH,
Plaintiff,
21
22
23
24
Case No. _________
vs.
ELON MUSK,
Defendant.
25
26
(C.D. Cal. No. 18-cv-08048-SVW-JC)
DECLARATION OF RYAN MAC IN
SUPPORT OF MOTION TO QUASH
SUBPOENA ISSUED FROM A CIVIL
CASE PENDING BEFORE THE UNITED
STATES DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA
AND SERVED ON NON-PARTY
JOURNALIST RYAN MAC
Hearing Date: October 18, 2019
Hearing Time: 9:00 a.m.
27
28
DECL. OF RYAN MAC IN SUPPORT OF MOTION TO QUASH
Case No.
Exhibit 35
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1
2
3
of America:
1.
I am a reporter for BuzzFeed News (“BuzzFeed”) and am based in BuzzFeed’s San
4
Francisco office. I make this declaration based on my personal knowledge and submit this
5
declaration, together with the exhibits annexed hereto, in support of the accompanying motion to
6
quash subpoenas (the “Subpoenas”) that were served on me by plaintiff Vernon Unsworth and
7
defendant Elon Musk in an action currently pending before the United States Court for the Central
8
District of California. Unsworth v. Musk, Case No. 18-cv-08048-SVW-JC (C.D. Cal.) (the
9
“Defamation Action”). I am not a party to the Defamation Action.
10
DAVIS WRIGHT TREMAINE LLP
I, RYAN MAC, declare under penalty of perjury pursuant to the laws of the United States
2.
On June 21, 2018, BuzzFeed published an article that I wrote with two other
11
BuzzFeed reporters entitled “Elon Musk Has Always Been at War with the Media” (the “Musk at
12
War” Article), a true and correct copy of which is annexed hereto as Exhibit A.
13
3.
On August 29, 2018, BuzzFeed published an article I wrote entitled “The Cave
14
Rescuer Elon Musk Called A ‘Pedo’ Has Lawyered Up And Is Preparing A Libel Claim” (the
15
“August 29 Article”), a true and correct copy of which is annexed hereto as Exhibit B.
16
4.
On September 4, 2018, BuzzFeed published an article I wrote entitled “In a New
17
Email, Elon Musk Accused a Cave Rescuer of Being a ‘Child Rapist’ and Said He ‘Hopes’
18
There’s a Lawsuit (the “September 4 Article”), a true and correct copy of which is annexed hereto
19
as Exhibit C.
20
5.
The September 4 Article republishes two emails that Musk sent me on August 30,
21
2019. As the September 4 Article reports, the first email was not “off the record” because
22
“BuzzFeed News did not agree to that condition of the correspondence” and the second email was
23
not “on background” because “BuzzFeed News again did not agree to those terms.”
24
25
6.
I have never spoken with Musk (either in person or telephonically). Upon information
and belief, all of my written communications with Musk are available to Musk.
26
I declare under penalty of perjury under the laws of the United States of America that
27
the foregoing is true and correct. Executed this 12th day of September, 2019 at San Francisco,
28
California.
-1DECL. OF RYAN MAC IN SUPPORT OF MOTION TO QUASH
Case No.
Exhibit 35
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2
6
9
DAVIS WRIGHT TREMAINE LLP
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2D1'121.. OF MAC IN SUPPORT OP MOTION TO QUASH
Casc No.
Exhibit 35
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EXHIBIT A
Exhibit 35
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Elon Musk Has Always Been At War With The Media
Page 1 of 21
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 48 of 129 Page ID #:1799
Tyler Comrie for BuzzFeed News
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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Caroline O'Donovan
Charlie Warzel
Ryan Mac
No one lectures Elon Musk. In April, the head of the
National Transportation Safety Board discovered this
after a call about his organization’s investigation into
one of Tesla Motors’ autopiloted vehicles devolved
into a heated exchange, leading the billionaire
entrepreneur to hang up on the federal regulator.
That fiery interaction eventually leaked to the press
and ricocheted around the internet as further
evidence that Musk was losing it.
As BuzzFeed News has learned, it wasn’t even the first
time that Tesla’s CEO had gone off on a federal
organization investigating one of his companies. Yet
taken together with his other antics and problems of
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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2018, the shocking behavior was viewed by some
pundits as a prime example of Musk cracking under
pressure.
But the thing is: None of this is new for Musk. He has
always been the architect of his own image and has
long run roughshod over journalists and his own
communications team alike. In interviews with
BuzzFeed News, nine people who previously worked
with Musk, and who requested anonymity to preserve
their personal and professional relationships, said
that while the level of scrutiny on the CEO may be
new, his behavior is not. What we are seeing is less a
crack in his well-being than his facade. It is Elon
unbound.
In response to questions from BuzzFeed News, a Tesla
spokesperson said, “This sounds like a very exciting
story and we can’t wait to read it. Buzzfeed is the
best!”
Undeniably, the pressure is on. Tesla, one of three
companies the 46-year-old Musk runs, has been beset
by problems. It is behind on production of its latest
car, the Model 3; the short interest in its stock totals
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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more than $13 billion; and news outlets, including this
one, have asked questions about its treatment of
factory workers, lax safety measures, and Autopilot
technology that doesn’t quite live up to its name.
In reaction, Musk has gone on the offensive, lashing
out in public at his perceived enemies — largely in the
press. “The holier-than-thou hypocrisy of big media
companies who lay claim to the truth, but publish
only enough to sugarcoat the lie, is why the public no
longer respects them,” Musk said on Twitter last
month during a spat of bad press, which he dismissed
as the merely the result of a bankrupt media
ecosystem. “Problem is journos are under constant
pressure to get max clicks & earn advertising dollars
or get fired,” he tweeted.
During an earnings call, he told financial analysts
their questions were “boring” and took questions
from a YouTube personality instead. On Twitter, he
has attacked journalists, accused his critics in the
media of being in a Big Oil conspiracy, and threatened
to start a public ranking of news organizations
ironically named after a former Soviet Union
propaganda publication. A tweet about union
organizing at Tesla’s California car factory landed him
in hot water with both a member of Congress and the
National Labor Relations Board, while his rogue hang
up on the NTSB in April led to the regulator removing
the company from any involvement in the
Exhibit 35
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investigation. More recently, he launched an
investigation into alleged sabotage by a Tesla
employee, who the company is now suing.
“As you know, there are a long list of organizations
that want Tesla to die,” Musk wrote in an all-staff
email, in which he announced an “in depth”
investigation and implored employees to “be
extremely vigilant” of “anything suspicious” in the
workplace.
Combined, these events prompted speculation about
whether or not the billionaire CEO was losing control
and invited inevitable comparisons to another
wealthy leader with a predawn Twitter habit.
Musk has long raged in private at perceived enemies,
especially in the media. His short temper and
outbursts have long been legend inside Tesla and
SpaceX headquarters, according to multiple current
and former employees. “It doesn’t strike me as some
drastic change in his personality,” said one former
employee. “The people who are saying this is how he's
always been are correct,” said another.
What’s changed is simply that Musk’s profile has risen
while his staff’s ability to keep him in check has
waned. As pressure continues to mount and Musk
sheds the executives who once provided advice and
insulation, he’s no longer just the Mars-bound genius
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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with a promising electric car company. Depending on
who you ask, he’s an icon, an environmental
champion, or an attention-hungry micromanager,
wielding Steve Jobs–level influence in 280-character
Twitter diatribes, occasional public appearances, or
mocking conference calls with analysts. But no matter
which Elon you choose, it’s become more apparent
that there’s no one who can rein him in.
For example, in June 2016 the National Highway
Traffic Safety Administration had contacted Tesla as a
courtesy heads-up that it would be announcing an
investigation into a May crash that killed the driver of
a Model S sedan on Autopilot. It was the kind of call
that, at most companies, would require executive
restraint and sensitivity. Musk was not originally
supposed to be on the call with NHTSA officials,
Tesla’s general counsel, and the head of its Autopilot
team, but chimed in as the conversation got
underway. It was unfair that NHTSA was targeting his
company, he said, noting that skeptics would just use
the public investigation as evidence that Tesla was in
trouble.
After failing to convince the government officials to
keep their investigation private and forgo their
announcement scheduled for the next day, Musk went
ballistic and embarked on a profanity-laced tirade. He
threatened to sue NHTSA for what he saw as unfair
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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scrutiny and then abruptly disconnected the phone,
leaving the people left on the line shocked.
“I couldn’t believe it,” said a former Tesla employee
familiar with the call.
Joshua Lott / Getty Images
According to those who have worked closely with
him, Musk’s recent public outbursts may have less to
do with a desire to be a media critic and more to do
with a long-standing business strategy, where he’s
leveraged his popularity for press coverage for years.
His moonshot ideas, unfiltered chatter with reporters,
and direct engagement with customers have won him
a legion of adoring fans.
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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“Historically, we have been able to generate
significant media coverage of our company and our
vehicles, and we believe we will continue to do so,”
read one recent Tesla financial filing, alluding to its
CEO’s cult of personality. “To date, for vehicle sales,
media coverage and word of mouth have been the
primary drivers of our sales leads and have helped us
achieve sales without traditional advertising and at
relatively low marketing costs.”
Indeed, Musk has always paid close attention to
coverage of himself and his companies. In the early
days of Tesla, he bristled when media coverage
shunned him in favor of then-CEO Martin Eberhard.
Emails dating back to 2006 show that even then, as a
successful two-time founder of online local directory
startup Zip2 and online payments firm PayPal, he was
conscious of his public perception. In one email, he
told Tesla’s earlier PR team that he was “incredibly
insulted” when a New York Times story about the
company failed to mention him.
What rankles Musk the most, according to former
communications employees, is anything he perceives
to be inaccurate reporting — which is frequently a
stand-in for any coverage that isn’t positive. Former
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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employees remember him being easily angered and
“extraordinarily vindictive,” no matter how small the
outlet or tempered the critique.
In 2009, he called a Times contributor “a huge
douchebag and an idiot” in an interview for penning a
piece that asked why taxpayer-backed federal loans
should be used to help what was then a struggling car
manufacturer. The following year, Musk wrote an
essay, published in Business Insider and other outlets,
comparing a reporter for VentureBeat to disgraced
journalist Jayson Blair for writing about how his
divorce could materially affect Tesla’s business and
should have been disclosed in its initial public
offering documents.
Yet as Musk’s celebrity grew he realized he no longer
needed to go to news outlets to dispute negative
stories. Musk has invested in building a relationship
with his fans for years. He could take publications to
task in company blog posts, sometimes directly
drafting responses for Tesla or SpaceX himself,
according to his communications staffers. Meanwhile,
Twitter — where he started an account in 2009 — has
become an ideal platform for activating his army of
supporters. “He’s so well-known that anything he says
is reported upon and analyzed,” said a person who’s
worked with him.
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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In 2013, Musk tweeted that a Times review that said
Tesla car batteries die faster in cold weather was
“fake,” and published a detailed blog post refuting its
points. A former employee (who didn’t work for Musk
at the time) remembered thinking he had been
“publicly very aggressive” toward the reporter, John
Broder, and the Times, whose own public editor later
found issues with the piece.
That same year, Musk also raged over news stories
about Tesla car battery fires. From Musk’s perspective,
former employees said, the number of Tesla battery
fires was relatively minuscule in comparison to the
total number of car fires per year, which number
somewhere around 170,000. The perceived
discrepancy in scrutiny “deeply frustrated” Musk, one
former staffer said, and he focused that frustration on
the media, much in the same way as he’s doing now.
This pattern has continued over the last few years. In
2015, Musk called a Wall Street Journal story on
employee churn at Tesla “asinine” during a press
conference in Detroit. After a story about Tesla’s foray
into China from Bloomberg News reporter Dana Hull,
Tesla and SpaceX communications staff were
instructed to ignore her calls and emails, according to
multiple sources.
One former senior employee told BuzzFeed News that
Musk would stew over articles that were “largely very
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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fair and balanced,” messaging reporters personally or
enlisting communications representatives to fight for
corrections. One editor at a major US-based media
outlet described the behavior as “active and
aggressive,” noting that Musk’s communications
representatives reached out to the highest levels of
the company’s editing and business structure to
complain about coverage. (That editor did not want
his publication to be identified, fearing that Musk’s
companies would cut off contact.)
People familiar with Musk who spoke with BuzzFeed
News didn’t see much of a difference between these
blowups and Musk’s recent behavior. “Pravduh.com,”
Musk’s hypothetical website for crowd-ranking
journalism, simply “takes an ongoing fight with the
press to a new level,” said one former staffer.
Mark Brake / Getty Images
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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This obsession with the media makes working in
communications under Musk, whether at Tesla or
SpaceX, an unpredictable and grueling gig. Multiple
former staffers recalled being kept up late or woken
up in the middle of the night because Musk was upset
about a headline or an article. Two other former
senior employees described Musk as notoriously thinskinned. “He'll read an obscure critical post by, like,
some Belgian blogger at 3 in the morning and he'll
wake up people on the comms team and demand this
person be crushed,” one former employee said. “It's all
utterly disproportionate in response.”
“You don’t sleep very much when you’re in
communications at Tesla, because you don’t know
what’s going to happen,” said another former worker.
While some CEOs expect their communications team
to draft emails, write speeches, and proofread tweets,
Musk’s style is totally off the cuff. People who worked
with him described being afraid to contradict or
correct him. Said one former employee, “My
experience was is that he is his own chief
communications officer.” Asked about Musk’s
relationship with his communications team, a second
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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person who worked closely with Musk said, “What
comms team? I think the comms team is just Elon.”
Another former employee recalled one of Musk’s latenight Twitter excursions in January 2012 when,
unbeknownst to anyone at the company, he hinted at
a separation from then-partner Talulah Riley. Hannah
Elliott, then a reporter for Forbes magazine, saw the
tweet the next morning and messaged Musk, leading
the Tesla CEO to call her and divulge more about his
personal life without notifying his communications
staff. After finding out later that day, Tesla’s PR team
went into damage control mode, leading Musk to call
Elliott back and ask that she not use some of the more
personal details that he discussed during their
conversation.
More recently, Musk has clashed with his PR staff
over Tesla’s communication around its cars’ driverassistance feature, Autopilot. In May 2016, following
coverage around the death of a driver in Florida whose
vehicle was on Autopilot, Musk urged his team to fix
the narrative with outlets honing in on the fact that
that it was one of the first known automobile deaths
of its kind. While he wanted his company’s response
to focus on statistics — noting the seeming lower rate
of fatalities on Autopilot — those internally urged
Musk to be more compassionate to customers,
particularly the victim.
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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Ultimately, Musk won out. In a blog post titled “A
Tragic Loss” on June 30, the company detailed how the
first known fatality on Autopilot took 130 million
miles compared to an average 94 million per US
driving fatality, before noting in the last paragraph
that “the customer who died in this crash had a loving
family and we are beyond saddened by their loss.”
Musk also began defensively tweeting about Autopilot
that July, focusing on the numbers and sharing
examples of how Autopilot may have saved a life,
while a second company blog post, cutely titled
“Misfortune,” attempted to shoot holes in a story by
Fortune magazine. “It felt like a cover-our- ass
moment, rather than a moment to show we care
about our customers,” said one former employee.
“Elon is an engineer and that’s how he views the
world,” that person continued. “But sometimes he
lacks that compassion and empathy.”
The lack of control and continual need to put out PR
fires wore on professionals, even those who personally
liked Musk and believed in the missions of Tesla and
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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SpaceX. Tesla is known for a high rate of turnover, and
some communications staffers only last a few months.
Some have done multiple stints, though have left or
were fired after clashing with the chief executive.
Three people familiar with Musk’s communications
team independently compared the pressure and
publicity, and chaos of the job to working in President
Donald Trump’s White House.
Despite the outbursts and late-night tweets, there's a
sense, even among some employees who've departed
the company, that Musk and his companies are
engaged in a noble effort to push the boundaries of
science and technology. One former employee likened
him to “a martyr” for the cause of "leaving the world a
better place." In many cases, former employees
suggest that they've overlooked and excused erratic
behavior, dismissing it as a side effect of the stress of
the enormous tasks at hand.
"Inaccuracies eat at him obsessively," a former
employee said, noting that when he berated reporters,
government officials, and analysts, it's because "he's
frustrated by those who waste his time with things
they should know." Even employee firings and Musk's
penchant for distancing himself from employees are
rationalized. "I would never say he has this controlling
desire to do all the things, a former employee said.
"He frankly just loses confidence that others can do it.
Exhibit 35
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And hey, who is to blame him? He's the smartest guy
in the room."
“People are both proud to be there and also well aware
that this is a CEO who is extraordinarily difficult to
work with,” said a person who worked for Musk. “Very
few work for Elon and imagine they'll work there
long-term.”
Vcg / Getty Images
Musk no longer has to worry that press coverage will
focus on other employees; after years in the spotlight,
he is now inseparable from any story about his
companies — good or bad. So strong is his tie to the
brand that new employees at Tesla’s automotive
factories and sales division play quiz games during
Exhibit 35
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orientation where they can earn prizes for knowing
personal facts about the CEO, like where he went to
school.
Yet this asset is poised to become a liability for Musk,
especially as his companies mature and pressure rises.
Some who’ve worked with him see his recent online
behavior as a defensive attempt to rally his fans
around him at a moment of increased scrutiny. “His
focus is increasingly on the group that’s bought into
his vision already,” a former senior employee said.
“It’s just like how Trump throws red meat to the base
at his rallies. If you go on Reddit every time Elon
reams out a journalist, they love it and they cheer him
on.”
Another former employee said that there have been
internal pushes to shift Tesla’s messaging to make it
more about the brand than its billionaire founder,
something that even Musk initially seemed willing to
try following a string of escalating encounters around
car battery fires and Tesla’s battery factory. But
implementing that was difficult, they said. Musk
rarely lets the communications department highlight
other executives at the company in positive media
stories about Tesla, while the public has become
accustomed to seeing and hearing every
announcement about the company from the chief
himself.
Exhibit 35
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Instead, Musk appears to be doubling down on
himself. Three former senior employees said Musk has
a habit of pushing out employees who disagree with
him, and that policy has left him critically isolated
during a crucial period for Tesla. In the last year, the
company has been shorn of its head of global sales,
vice president of finance, and head of Autopilot. Doug
Field, the engineering executive who was overseeing
the production of the Model 3, stepped aside so that
Musk could take over. “If you said no, you're out,” one
person who worked closely with Musk told BuzzFeed
News. “He'd find someone who said yes." (A fourth
former employee disputed this, but still noted that
he’ll push hard to get his way.)
Afp / AFP / Getty Images
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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In the weeks since he blew up at analysts on an
earnings call, Musk has tempered slightly. During a
June 5 shareholder meeting, he said on stage that his
CFO, Deepak Ahuja, and general counsel, Todd Maron,
told him, “You have to watch what words you use in
these situations,” and implied that he’s trying to
change his ways.
Even former staffers who spoke admirably about
Musk suggested that — despite running three
companies and ambitions to save the planet and
explore others — his greatest shortcoming as a leader
is his inability to withstand criticism. “He’s brilliant
but his greatest weakness is that defensiveness and an
obsessive need to correct the record, rather than just
bite the bullet.”
“Consider Tim Cook or Zuckerberg,” another former
employee said. “There are hundreds of websites and
stories dedicated to making fun of or criticizing them.
They hardly lose sleep over it. But Elon’s different.”
And it is precisely that weakness, according to some
who’ve worked with him, that is now showing. “He's
getting in his own way more now,” the former
employee noted.
Today, the drawbacks of linking a corporate brand so
inextricably to an executive are being thrown into
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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sharp relief. During a crisis, for example, there’s no
one else from the executive bench who’s expected to
step up and take the blame, said a former staffer.
“With layoffs and profitability being bad, people will
focus more and more on his personality,” this person
said. “That's the issue of being CEO-centric.”
This former senior employee expressed frustration
watching Musk from afar. “He’s picking nonsense
fights with reporters who should be natural allies —
who’re actually excited about what he’s doing,” they
told BuzzFeed News. “He’s alienating those who could
be out advocating for him and the coverage about
Elon has fully become about the coverage and not
what he’s building.”
Other employees felt the same way about the doubleedged sword that is having Elon Musk for a boss. “It’s
the reason it’s great, and it’s also a risk,” said one. “It’s
the same with any company that’s so strongly
identified with any one individual. If you talk to any
risk management expert, they’ll tell you that’s a risk.
But that’s the way the company’s run, so that’s the
way it is: Elon is the company, and the company is
Elon.” ●
Exhibit 35
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Elon Musk Has Always Been At War With The Media
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Joshua Lott / Getty Images
Exhibit 35
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EXHIBIT B
Exhibit 35
Page 607
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Ryan Mac
Exhibit 35
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David Paul Morris, Getty Images
A British man, who Elon Musk called a “pedo” on
Twitter, has retained legal counsel and is “preparing a
civil complaint for libel” against the Tesla CEO,
according to a letter viewed by BuzzFeed News. The
letter appears to contradict a claim Musk made on
Twitter on Tuesday that he had yet to see any legal
repercussions from his allegations, and deepens the
problems for the already embattled technology
billionaire.
A lawyer for Vernon Unsworth, a UK citizen who was
instrumental in the rescue of 12 children trapped in a
cave in Thailand, sent Musk a letter earlier this month
notifying him of a possible lawsuit, after the Tesla
chief’s outburst against his client in July. Musk
previously made the allegations against Unsworth
without any evidence, before issuing an apology and
deleting the offending tweets.
On Tuesday, the Tesla and SpaceX founder reignited
the controversy on the social network by suggesting
that Unsworth’s lack of legal action against him
constituted something suspicious and that his
original allegation of pedophilia should be
investigated. BuzzFeed News, however, confirmed
that Unsworth retained legal representation and sent
Exhibit 35
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Musk a letter dated Aug. 6 detailing a possible lawsuit
for the “false and defamatory statements.”
“You published through three different tweets to your
twenty-two million followers that Mr. Unsworth
engages in the sexual exploitation of Thai children,
and you did so at a time when he was working to save
the lives of twelve Thai children,” writes Unsworth’s
lawyer L. Lin Wood, an Atlanta-based defamation
expert. “You did so without any basis. According to a
subsequent Twitter post, you did so out of anger.”
The possible lawsuit highlights the dangers that Musk
could face for his increasingly erratic behavior on
Twitter, which has landed him in hot water on
multiple occasions in 2018. Earlier this month, Musk
unexpectedly tweeted that he was exploring the
possibility of taking Tesla private and that he had
“funding secured” to do so, igniting a public market
frenzy. The bid ultimately went nowhere, and the
Securities and Exchange Commission is now
reportedly investigating Musk and Tesla over the
bizarre sequence of events.
When contacted over email by BuzzFeed News, Musk
did not address the legal letter he received.
“Have you actually done any research at all?” he
wrote. “For example, you incorrectly state that he is a
Exhibit 35
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diver, which shows that you know essentially nothing
and have not even bothered to research basic facts.”
BuzzFeed News confirmed with a source familiar with
Unsworth that the cave rescuer has diving experience
and maintains all the necessary diving equipment.
A copy of the letter sent to Musk’s Los Angeles home from L. Lin Wood, a
lawyer representing British diver and cave rescuer Vernon Unsworth.
L. Lin Wood
A Tesla spokesperson did not immediately respond to
a request for comment. A representative for Wood
Exhibit 35
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also did not immediately respond to a request for
comment.
Unsworth did not respond to BuzzFeed News’ request
for comment. Reached by Sky News on Wednesday, he
told the British news outlet “it’s all being dealt with,
that’s all I can say.”
Musk’s spat with Unsworth began last month, after
the British diver and spelunker dismissed Musk’s
attempt to build a submarine to rescue Thai boys
trapped in an underwater cave as a publicity stunt in
an interview. Following that, Musk took to Twitter to
suggest that Unsworth was in Thailand to engage in
the sexual exploitation of minors and then directly
called him a “pedo guy.” In a third tweet, he told
another Twitter user that he’d “bet a signed dollar it’s
true.” All three of those tweets were eventually
deleted, with Musk tweeting out an apology in July
stating “his actions against me do not justify my
actions against him.”
In interviews with other outlets, Unsworth was not
clear if he would pursue action against Musk. His
lawyer’s letter from earlier this month is the clearest
indication that he is seriously considering a lawsuit if
Musk does not move to “see the public record
corrected.”
Exhibit 35
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It’s unclear if Musk has seen the letter, which was sent
to his Los Angeles home, but on Tuesday he wrote in
an argument with another Twitter user that it was
odd that Unsworth had not sued him yet, suggesting
that the British man would have done so if there was
an allegation worthing pursuing.
“You don’t think it’s strange he hasn’t sued me?” he
wrote. “He was offered free legal services.”
“Did you investigate at all?” Musk continued in
another tweet, asking the other Twitter user if he’d
taken the time to investigate the previous, groundless
allegations that he had made against Unsworth. “I’m
guessing answer is no. Why?”
The story has been updated with a comment from
Tesla CEO Elon Musk.
Exhibit 35
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EXHIBIT C
Exhibit 35
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Ryan Mac
Mark Di Stefano
John Paczkowski
Exhibit 35
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British caver Vernon Unsworth at the Tham Luang cave complex during a
search for members of a soccer team and their coach in Thailand in June.
Soe Zeya Tun / Reuters
Tesla CEO Elon Musk has renewed his attacks against
a British man who played a key role in the rescue of a
youth soccer team trapped in a flooded cave in
Thailand.
Musk last month apologized for accusing Vernon
Unsworth of pedophilia after the diver questioned the
value of Musk’s contribution to the rescue, a small
submarine that ultimately went unused. But in a
series of emails to BuzzFeed News, Musk repeated his
original attacks on Unsworth — and made new and
specific claims, lambasting the rescuer as a “child
rapist” who had moved to the Southeast Asian country
to take a child bride. Unsworth denied Musk's
accusations through his attorney.
Though Musk prefaced one email with “off the
record,” BuzzFeed News did not agree to that
condition of the correspondence. (Per common
Exhibit 35
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journalistic practice, a conversation is off the record
only if both parties agree to the terms. )
BuzzFeed News first emailed Musk last Wednesday to
ask for comment regarding a legal threat made by
Unsworth’s lawyer in August after the Tesla CEO
renewed his apparently evidenceless criticism of the
rescuer in a Twitter argument the day before. Musk
responded without addressing the substance of the
legal threat. BuzzFeed News followed up twice, once
on Wednesday and once on Thursday, and Musk
responded with two separate emails.
“I suggest that you call people you know in Thailand,
find out what’s actually going on and stop defending
child rapists, you fucking asshole,” Musk wrote in the
first message. “He’s an old, single white guy from
England who’s been traveling to or living in Thailand
for 30 to 40 years, mostly Pattaya Beach, until moving
to Chiang Rai for a child bride who was about 12 years
old at the time.”
Exhibit 35
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“As for this alleged threat of a lawsuit, which
magically appeared when I raised the issue (nothing
was sent or raised beforehand), I fucking hope he sues
me,” he added.
It is unclear why Musk believes the allegations against
Unsworth or what evidence he has to support them.
Musk did not provide proof of his claims to BuzzFeed
News, and BuzzFeed News could not verify any of the
claims after reporting on Unsworth’s background.
BuzzFeed News
The Tesla CEO’s continued campaign against
Unsworth offers a glimpse into the new ability of
some of the world’s wealthiest and most powerful
figures to directly attack private citizens who cross
them — and will test the capacity of traditional legal
tools against them.
“Elon Musk can tweet his vindictive and vicious lie
about Mr. Unsworth a hundred times and it will still
be a lie,” Unsworth’s lawyer, L. Lin Wood, wrote in a
Exhibit 35
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statement. “After deleting the initial accusation and
tweeting an apology, Mr Musk has continued to
republish his false and unsupportable accusation. His
conduct demonstrates that his recklessness is
intentional and designed to harm Mr. Unsworth.”
A spokesperson for Tesla did not immediately return a
request for comment on Musk's newest allegations,
and referred to a previous statement issued by the
board in response to a question about its support for
the company's CEO.
The feud began in July when Musk tweeted that
Unsworth was “a pedo guy” after the rescuer called
the billionaire’s attempt to use a custom-designed
submarine in the rescue effort a “publicity stunt.”
Musk later apologized and deleted this tweets, but
revisited the claim last week in an argument on
Twitter, asking why Unsworth hadn’t sued yet if the
accusations were indeed untrue. BuzzFeed News then
reported that Wood had actually sent Musk a letter
warning of a possible defamation suit in early August.
Musk’s renewed attacks on Unsworth come after a
series of erratic public gestures, notably a widely
publicized suggestion that he would take Tesla private
and the narration of his home life by the rapper
Azealia Banks. And the new accusations leveled at
Unsworth threaten to undermine a recent charm
offensive intended to frame the CEO’s erratic
Exhibit 35
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behavior as the actions of an overworked luminary
struggling to maintain his world-changing businesses.
It’s been a particularly difficult summer for the
billionaire, marked by Tesla’s missed production
goals, clashes with reporters, and his failed attempt to
take his car company private.
Despite that, Musk still managed to maintain a
dispute with Unsworth, a 63-year-old cave explorer
and diver, whom he has now accused of taking a child
bride.
BuzzFeed News could find no evidence to support that
claim, and Musk did not provide any documentation
to support his accusations. Publicly available legal
documents do nothing to support Musk’s claims:
BuzzFeed News could not immediately locate any
criminal records for Unsworth in the UK.
Separately, a Thai immigration official named Ploy
Pailin told BuzzFeed News that an individual on a visa
would likely not have it renewed if they had been
found guilty of criminal activity in the country. Pailin
also said that while foreigners applying for visas in
Thailand do not undergo mandatory background
checks, those who are found guilty of serious crimes
are often blacklisted by the government and can be
removed from the country.
Exhibit 35
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BuzzFeed News
BuzzFeed News also spoke with Woranan
Ratrawiphukkun, a Thai woman who is Unsworth’s
longtime girlfriend. She said she had been with
Unsworth for more than seven years and has posted
numerous photos about their relationship on social
media dating back several years. Unsworth, she added,
spends part of the year in Thailand and part of the
time in the UK.
Ratrawiphukkun, who said she is 40, declined to
comment on Musk’s allegations against Unsworth,
and referred a reporter to his lawyers.
Among Musk’s other claims about Unsworth is that he
was not part of the actual dive team in the Thailand
cave rescue. While Unsworth did not dive for the
mission, media reports and other people who were
part of the rescue cited the Brit as instrumental to the
effort, as he had previously mapped and explored
Exhibit 35
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some of the cave system and recruited some of the
divers who went into the cave.
“He may claim to know how to cave dive, but he
wasn’t on the cave dive rescue team and most of the
actual dive team refused to hang out with him,” Musk
wrote in one email. In another email in which Musk
wrote “on background” — BuzzFeed News again did
not agree to these terms — the Tesla CEO said, “Never
saw Unsworth at any point. Was told he was banned
from the site.”
A British diver on the rescue mission who had
previously been in contact with Musk, Rick Stanton,
denied those claims.
“I've no idea what gave you those concerns about
Vern,” Stanton wrote over Facebook Messenger. “They
are completely unfounded. He was never kicked off
site by anyone and worked continuously on the rescue
for the full duration. He was pivotal to the entire
operation.”
Two Australian specialists who were brought in by the
Thai government to aid the Thai cave rescue
operation, Richard Harris and Craig Challen, also
rejected Musk’s allegation.
“Vern seemed like an excellent guy and absolutely
vital to the mission,” said Harris, who, with Challen,
Exhibit 35
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helped in the sedation of the Thai boys before they
were brought out of the cave by the British divers.
“You must be confusing him with someone else.”
“He was pivotal with his knowledge of the cave. [The]
rescue wouldn’t have happened without him
recommending the Brits were called,” Harris said.
Photos and videos posted on Facebook by Woranan
and members of the local Thai news media show
Unsworth at the site through the duration of the
operation, which lasted more than two weeks in the
country’s Chiang Rai province. Some of those photos
show Unsworth posing with other British members
involved with the rescue.
In his second email to BuzzFeed News, Musk
commented on Unsworth’s interview with CNN.
“Unsworth also said I was asked to leave by the Thai
govt, which is utterly false. Thai Prime Minister
thanked me personally per attached docs. I went all
the way to area 3 with the Thai SEAL team, who were
awesome.”
Unsworth did say that Musk was asked to leave the
cave in the interview, but did not specify who had
asked him.
Exhibit 35
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Musk also supplied a letter to BuzzFeed News from
the Thai prime minister thanking him for his team’s
involvement in the rescue. “I wish to convey my deep
appreciation to you and your engineering team for
your expeditious and extraordinary efforts in
constructing the Space-X mini-submarine 'Wild Boar'
to assist the rescue operation of the Moo Pa Academy
Football team trapped in Tham Luang Cave, Chiang
Rai province,” wrote General Prayut Chan-o-cha.
Exhibit 35
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Elon Musk provided to BuzzFeed News
In addition, Musk claimed that the mini-sub, which
ultimately was not used in the rescue, was built to
Stanton’s specifications, and that it was not deployed
only because too much water had been drained from
the cave. Stanton, however, denied that was the
reason, and said he did not recall providing exact
specifications to Musk.
Exhibit 35
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“We didn't use the tube because rescue operations
were already well underway and it didn't have the
necessary life support systems,” Stanton said to
BuzzFeed News on Facebook Messenger. “Essentially,
it wasn't developed enough. I do think it has promise
in certain situations and I hope they keep working on
it to get it in shape for evaluation and to be
considered as a viable alternative in future
underwater rescue scenarios.”
In another claim, Musk noted that “the alleged threat
of a lawsuit” from Unsworth “magically appeared
when I raised the issue” on Twitter last week and that
nothing had been sent prior to his outburst. L. Lin
Wood, Unsworth’s lawyer, provided BuzzFeed News
with confirmation showing that he had sent a note
titled “Fwd: Defamation of Vernon Unsworth”
containing the legal letter to the appropriate email
address for Musk’s office at SpaceX on Aug. 6.
BuzzFeed News corresponded with the Tesla and
SpaceX CEO at a separate, personal email address that
two sources confirmed belonged to Musk. One source,
who had previously worked for Musk, noted that the
email address can be accessed by the billionaire and
his assistants. The source noted that it was not
uncommon for Musk to personally respond to
reporters and other people through that account.
Exhibit 35
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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 13 of 16
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Wood did not respond to questions asking him to
more specifically address each of Musk’s accusations,
but suggested that he was moving closer to legal
action.
“Today the rich and powerful seem all too ready to
tweet falsities in the hope and expectation that their
wealth and position will protect them,” he wrote in a
statement. “Pedophilia is too serious an issue to leave
unchallenged. If Mr. Musk believes his wealth affords
him protection from his lies and Twibels, he is sadly
mistaken.”
Here are the emails Elon Musk sent to BuzzFeed
News reporter Ryan Mac
From: Elon Musk < redacted >
Date: Thu, Aug 30, 2018 at 6:43 PM
Subject: RE: BuzzFeed News: Unsworth legal
letter
To: "ryan.mac@buzzfeed.com"
Off the record
I suggest that you call people you know in
Thailand, find out what’s actually going on
and stop defending child rapists, you fucking
asshole. He’s an old, single white guy from
England who’s been traveling to or living in
Thailand for 30 to 40 years, mostly Pattaya
Exhibit 35
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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 14 of 16
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Beach, until moving to Chiang Rai for a child
bride who was about 12 years old at the time.
There’s only one reason people go to Pattaya
Beach. It isn’t where you’d go for caves, but it
is where you’d go for something else. Chiang
Rai is renowned for child sex-trafficking.
He may claim to know how to cave dive, but
he wasn’t on the cave dive rescue team and
most of the actual dive team refused to hang
out with him. I wonder why ...
https://www.google.com/search?
q=chiang+rai+child+trafficking&ie=UTF-8&oe=UTF-8&hl=enus&client=safari
As for this alleged threat of a lawsuit, which
magically appeared when I raised the issue
(nothing was sent or raised beforehand), I
fucking hope he sues me.
***
From: Elon Musk < redacted >
Date: Thu, Aug 30, 2018 at 7:16 PM
Subject: Fwd: Letters
To: "ryan.mac@buzzfeed.com"
On background
Unsworth also said I was asked to leave by the
Thai govt, which is utterly false. Thai Prime
Exhibit 35
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Minister thanked me personally per attached
docs. I went all the way to area 3 with the Thai
SEAL team, who were awesome. Never saw
Unsworth at any point. Was told he was
banned from the site.
It is also total bs that the mini-sub wouldn’t
fit through the caves. It was designed and
built to specifications provided to me directly
by Stanton and the actual dive team. The only
reason it wasn’t used was that they were able
to drain almost all the water out of the caves,
so the underwater portion was very short, and
the monsoon arrived later than expected.
Those pumps were critical. Some of the Tesla
team helped with electrical power, but major
credit to whoever provided those pumps. They
were amazing. I’m told they were from some
company in India.
Exhibit 35
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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 16 of 16
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Exhibit 35
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EXHIBIT 36
EXHIBIT 36
Exhibit 36
Page 631
PDF Page 95
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From:
Erica Chen [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
Sent:
{FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=F37D6BAB915D4703A7F37A979FB707E9-ERICA CHEN ]
7/16/2018 4:31:12 PM
To:
Subject:
DL-USComms [dl-uscomms@tesla.com]
Re: Coverage on E's tweet
Associated Press reports Elon "has fought back, often around the clock on Twitter," but he "may have gone one tweet
too far." Jalopnik wonders, "How can someone be so accomplished, so successful, so adored by so many people and yet
still be so wildly, uncontrollably insecure that any amount of entirely reasonable criticism triggers a response like this?"
Representatives of T. Rowe Price, Fidelity Investments and Baillie Gifford - Tesla's three largest shareholders, behind
Musk himself - declined to comment. Gene Munster said the tweets raised questions about Elon's distractibility and
"maturity," adding, "This crossed a line, and it needs to stop." Gordon Johnson, the managing director of investment
research firm Vertical Group, said, "This thing is unraveling," adding, "You had a very big shareholder last week say they
want him to focus on executing and stop with the tweets - and then, this weekend, you get more tweets. What's his
angle? What is he doing? ... He keeps promising all of these things, and he keeps missing, and he's not being held to
task."
AP also mentions, "For the first four months of the year, Musk was averaging around 100 tweets per month. But the
tweets spiked to about 400 per month starting in May as Musk was under pressure to raise production of the Model 3."
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Associated Press, Elon Musk's Social Media Conduct May Be Bad for His Business
Bloomberg TV, Musk's Twitter Controversy
The Washington Post, Elon Musk's ''pedo" attack rattles Tesla investors: "This thing is u nraveling"_
MarketWatch, Tesla shares, at lowest l n six ·weeks, fall further in late trading
Business Insider, Tesla slides after an eventful weekend for Elon Musk
Fast Company, Elon Musk ;:iccuses Thai cave rescue diver of being a pedophile
SF Chronicle, Uon Musk's "pedo guy" cave tweet could hurt Tesla
The Mercury News, Has Elon Musk 1wne too far with tweet about Thai cave rescue diver?
Exhibit 36
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TESLA000269
PDF Page 96
Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 95 of 129 Page ID #:1846
Jalopnik, Now We Know For Sure: Elon Sucks Uke All These Jackasses Suck
The Daily Beast, Ekm Musk Joins the Fringe Right in CaHing Hb Foe a 'Pedo'
Futurism, Electric C:irs Ar0. Too Important For Elon Musk to Put at Risk
From: Erica Chen
Date: Monday, July 16, 2018 at 1:19 PM
To: DL-USComms
Subject: Re: Coverage on E's tweet
Media continue to cover E's tweet, with some stories mentioning that the "outburst" comes "just a week after he said in
a Bloomberg interview that he would try to be less combative on Twitter." Reuters notes that a number of investors and
analysts believe his comments are adding to their concerns that he's distracted from Tesla's main business. James
Anderson of Baillie Gifford called the events "a regrettable instance" and said he had reiterated to Tesla the need for
"peace and execution" of its core business. GQ comments, "If Musk can't have the credit, he'll make damn sure the
other guy doesn't get it, either," while Mashable suggests, "Here's an easy PR strategy: Never tweet. It's not worth it."
In an opinion piece, Reuters says "firing him for his 'pedo guy' tweet could precipitate a crisis of confidence among
investors. Unlike the eventual ouster of Travis Kalanick at privately held Uber, for a capital-hungry public company that
might prove terminal. Directors could consider stripping him of either the chairman or chief executive title. Or they
could dock his compensation." The piece adds, "At the very least the board should require him to apologize and perhaps
swear off Twitter. To do nothing would send a worrying message: that directors are unwilling or unable to rein in Musk's
more troubling traits."
KBB analyst Rebecca Lindland believes his comments could hurt sales and ultimately anger investors. "When you're
looking to expand the appeal of your product beyond innovators themselves, beyond early adopters ... you've got to be
careful," she said, "You've got to start acting like a CEO."
Reuters, Tesla shares faH 3.5 percent after CEO Musk abuses British diver
Reuters BreakingViews, Ube! risk
Financial Times, Tearnwork in Thailand triumphs over solo ego.. [full text below]
NY Daily News, Uon Musk tries to help, but does not alwavs succeed
CNN, Will Elon Musk's antics hurt his businesses'?
CNN, Elon Musk makes unfounded accusation against Thal cave rescuer
Fortune, Elon Musk Spins Out of Control
The Onion, Elon Musk Insists He'd Be Much More Innovative Pedophile Than Thailand Rescue Worker
Business Insider, Elon Musk is at the center of an astonishing number of bizarre news stories and public feuds - here
are all of the Tesla CEO's unusual recent moments in the spotlight
Forbes, Will The Re
PDF Page 97
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Financial Times, Teamwork in Thailand triumphs over solo ego
Elon Musk plays an understudy role in underwater cave rescue
In a year dominated by geopolitical gloom, there has been one unabashed moment of celebration. The rescue of 12 Thai
boys and their football coach from a deep underwater cave was a global triumph. It was an act of engineering and
strategic brilliance. The international divers acted selflessly in lethal circumstances where success was by no means
guaranteed. Leaders and citizens across the world have lauded their achievement.
Nearly everyone, that is, except Elon Musk. The tech entrepreneur and chief executive of Tesla inserted himself into the
crisis by offering a "mini-submarine" he had constructed to save the children. The experts deemed his solution
inappropriate. Vern Unsworth, one of the British divers behind the rescue, decried Mr Musk's efforts as a "PR stunt" that
had "absolutely no chance of working". Despite his billions and an army of 22m Twitter followers, Mr Musk was
overruled by the experts.
He did not take well to being told to go away. Over the weekend, Mr Musk tweeted that Mr Unsworth (who is
threatening to sue for libel in return) was a "pedo guy" and pledged to take his pod to the cave anyway to prove he was
right. His desire to come out on top of this argument speaks to the feral instincts of his natural Silicon Valley home,
where the winner frequently takes all. In technology, human lives tend not to be directly at stake. Such an emergency
calls for imagination, flexibility and timeliness - not grandstanding and the worst of tech's "move fast and break things"
ethos.
By defaming Mr Unsworth, widely celebrated as a hero, Mr Musk has revealed a less appealing side to his character that
should not escape the attention of investors. Such personal insults suggest he had at least one eye on enhancing his own
reputation through this crisis.
This dispute represents two different worlds colliding. The rescue operation was a team effort; the divers who rescued
the boys brought expertise from Australia, Scandinavia, Belgium and the US. They worked tirelessly together towards a
common goal.
The rescue team is proof of the advantages in having expertise in a specific field. The divers and rescue specialists knew
what had to be done to save the boys and set about it methodically. Mr Musk, on the other hand, believes in the value
of bringing fresh eyes to complex challenges. Yet it would be naive to think that any individual alone was best equipped
to deliver salvation.
Mr Musk's intervention also exposes one flaw in "flat hierarchy", the slimline management structure favoured by Silicon
Valley. If team members defer to each other's expertise then such a structure can encourage useful collaboration. But
reducing layers of management - as Mr Musk has recently done at Tesla - can sometimes allow leaders to t inker and
assert their influence counter-productively. His efforts in Thailand suggest this was precisely the tech-man's approach.
The drama of the underground rescue - whether the trapped Thai children or the Chilean miners in 2010 - is best
managed by largely anonymous individuals working together without ego. They do not depend on chief executives
bubbling with optimism and flashy innovations. An offer to help in such a perilous situation is welcome. Rudely asserting
one's own authority at the expense of the team is not.
The Thai boys were saved by a systematic collective approach. The intervention of Mr Musk, who has conceded he might
be a useful "narcissist", points to the limits of Silicon Valley's "yes, we can" attitude. This was one situation where the
last thing a trained team needed was a dose of disruption.
Exhibit 36
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CNN, British rescuer considers legal action against Elon Musk over 'pedo' tweet
The Washington Post, Thai cave rescuer considers suing Elon Musk over delet ed ··pedo' tweets
Vox, Elon Musk just called one of the Thai cave rescuers a pedophile
TIME, A Diver Who Helped Rescue Thai Kids May Sue Elon Musk Over His 'Pedo' Tweet
The Guardian, British cave diver considering legal action over Elon Musk's 'pedo' attack
Business Insider, The British diver from the Thai cave rescue whom Elon Musk called a 'pedo' is considering suing the
billionaire
Cnet, Elon Musk's 'pedo guy' tweet fuels polarization problem
NBC, Elon Musk caHs Thai cave rescue diver Vern Unsworth a 'pedo' on Twitter
Gizmodo, Hero Diver Threatens Lawsuit Against Elon Musk for Calling Him a Pedophile
MarketWatch, Uon Musk calls Thailand cave rescue diver a 'pedo' in Twitter outburst
The Cut, Elon Musk Spends Relaxing Weekend Calling Thai Cave Rescuer a Pedophile
NPR, Elon Musk And British Diver Exchange Harsh Words Over Thai Cave Rescue
Newsweek, 'PEDO GUY'·····ELON MUSK FIRES B/\CK /-\T BRITISH DlVER WHO LED RESCUE OF THA l SOCCER TEAM
The Hill, British diving experts considers legal action against Elon Musk for calli ng him 'pedo g~~y:.
Inc, Elon M usk's Harmful Twitter /\ttack Is a Major Lesson in Emotional !nt:e!!igence
Slate, Elon Musk Calls Diver Involved in Thai Cave Rescue Mission a "Pedo" After Diver Criticizes Him
Investor's Business Daily, Tesla Stock Falters After Musk Takes Twitter Battles To New Level
The Next Web, Dear Elon Musk, delete your Twitter account
Autoblog, Elon Musk ca lls Thai cave rescuer a pedophile 011 Twitter
Hypebeast, Elon Musk Calls Rescue Diver a "Pedo Guy" in Twitter Outburst
HighSnobiety, Elon Musk Calls Cave Diver From Thai Rescue a "Pedo" in Twitter Attack
BBC UK, British caver 'could sue' Uon Musk over Twitter attack
Daily Mail UK, Tesla stock PLUMMETS after Elon Musk called British d iver \.-Vho rescued Thai soccer team a 'pedo' and
was unmasked as a top donor to a Republican PAC
The Sun UK, Brit cave hero who saved trapped Thai children threatens to sue Elon Musk for calling him 'a paedo' in vile
Tvvitter rant
The Wall Street Journal, Tesla CEO Elon Musk Lashes Out at British Cave Rescuer in Latest Twitter Outburst
Musk suggested a the diver is a pedophile; "Sorry pedo guy, you really did ask for it"
Tesla Inc. Chief Executive Elon Musk for years has used Twitter to combat critics in ways that few other business leaders
would dare. His latest outburst on the platform, though, was extreme even by his standards.
Mr. Musk took offense at comments from a British cave explorer who dismissed the billionaire entrepreneur's efforts to
rescue the youth soccer team trapped in a Thailand cave as an ill-informed public-relations stunt. He suggested the
critic, Vern Unsworth, was a pedophile in a tweet Sunday.
"Sorry pedo guy, you really did ask for it," read a post on Mr. Musk's official Twitter account early Sunday in response to
the explorer's criticism. The post quickly prompted criticism, eliciting a follow-up from Mr. Musk to someone who
challenged the statement, which read: "Bet ya a signed dollar it's true."
Those posts were deleted later Sunday. A spokesman for Tesla didn't respond to a request for comment. Mr. Unsworth
couldn't be reached for comment Monday in Thailand, but he told Australian television that the dispute wasn't finished
yet.
Tesla shares slid 3.51% to $307.68 in morning trading in New York.
It was the latest example of Mr. Musk's aggressive and sometimes controversial use of Twitter. In recent months, he has
used the platform to criticize regulators, taunt short-sellers and debate people who criticized his political donations.
Exhibit 36
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From: Erica Chen
Date: Monday, July 16, 2018 at 12:26 PM
To: DL-USComms
Subject: Re: Coverage on E's tweet
"A number of analysts and investors, requesting anonymity, told Reuters that Musk's comments are adding to their
concerns that his public statements are distracting him from Tesla's main business of producing electric cars."
James Anderson of Baillie Gifford called the weekend's events "a regrettable instance" and said he had reiterated to the
company the need for "peace and execution" of its core business.
"Unsworth's wife told Reuters on Monday that her husband was returning to Britain on July 19, where he will speak to
lawyers."
"Tesla spokespeople and lawyers did not respond to emails and phone calls from Reuters."
Reuters, Te sla shares faH 3.S percent aft er CEO Musk abuses British diver
From: Erica Chen
Date: Monday, July 16, 2018 at 9:02 AM
To: Dl-USComms
Subject: Coverage on E's tweet
Media report Elon, who "is often quick to attack those who criticize him," is "still mad that h is plan to help out didn't
work, " and is "throwing a fit on Twitter" by "baselessly" accusing a British diver " of being a pedophile." The WSJ reports
Elon uses Twitter "to combat critics in ways that few other business leaders would dare," but " his latest outburst on the
platform, though, was extreme even by his standards." Bloomberg comments, "Controversial outbursts are neith er new
nor unusual for Musk, who frequently spars with critics and investors betting against his company," while CNBC calls it
"a scathing attack." The Washington Post states that Elon "has been arguing with people who accuse him of shoehorning
himself into the drama," which "has, inevitably, led Musk into a rh etorical war with people who actually participated in
the rescue operation." Referring to the recent interview with Bloomberg, Vax mentions, "Last w eek, the Tesla CEO said
he was going to be better on Twitter. Spoiler alert: He's not."
Vernon Unsworth told the Guardian he was " astonished and very angry" at t he attack. Asked if he would consider taking
legal action against Elon, he told reporters: "Yes, it's not finished." Unsworth said he had saved copies of Elon' s tweets
and believed that he had "lost the plot," adding, "I have a lot of support from people around the world astonished by his
unfounded comments." He noted, "I don't know the guy, never met the guy, and don't want t o meet the guy."
James Anderson, a partner at Baillie Gifford, Tesla' s fourth -largest shareholder, told the Guardian in an em ail: " I intend
to convey my - predictable I trust - f eelings to the company tomorrow." He declined t o elaborate.
lf this comirmes, it s.earns like Musk's T'tAtter aDcoum is going to need iD be
inc:ludoo on Tesla's Risk fgctm s aemioo of thB earnir19s report Shams are do-.,v n
$2 b!Mioo today
The Wall Street Journal, Tesl;:i CEO Elon Musk U:ishes Out at Crftit: in L;:itest Twitter Out bur st [full text belo w]
Financial Times, Elon Musk at tacks Thai cave rescuer in angry t w eet [full t ext belo w]
Bloomberg, Elon Musk Can't Take His Own Advice and Tesla Falls Again
CNBC, TeslJ fa lls 2?,{ afh~ r British diver mulls legal Jct ion over Elon Musk's baseless 'pedo guy' cl aim
Exhibit 36
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TESLA000272
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Mr. Musk's seemingly unfiltered use of the platform is unusual among major CEOs, whose public remarks are generally
carefully controlled. The messages are part of a pattern of defiance that has won Mr. Musk many fans and gained him
more than 22 million followers on Twitter, to whom he often promotes new products and features or customer
questions.
The interactions often become hostile. In one particularly testy exchange in May, Mr. Musk fired back at a profane
comment directed his way by tweeting at its author: "Does the psych ward know you smuggled in a mobile phone?"
In May, he waged a lengthy attack on the media following unflattering articles about Tesla, and announced plans to
create a Yelp.com-like website where people can rate the credibility of journalists and news organizations. Mr. Musk
said he would name it Pravda, after the former Soviet Union's main propaganda outlet, then changed it to Pravduh.
The sheer volume of tweets from Mr. Musk is all the more remarkable given the enormous demands on his attention at
Tesla, which has been struggling to sharply increase production of its new sedan, and at his other companies including
rocket maker Space Exploration Technologies Corp., or SpaceX.
Mr. Musk has defended his use of Twitter, while also suggesting he would adjust. "I have made the mistaken
assumption-and I will attempt to be better at this-of thinking that because somebody is on Twitter and is attacking
me that it is open season," Mr. Musk said in an interview with Bloomberg Businessweek. "And that is my mistake. I will
correct it."
Mr. Musk's involvement with the Thai cave drama began on Twitter, when he responded on July 4 to a user asking him
to assist in the rescue. He later posted videos of swimming-pool tests in California of a metal tube that his team
fashioned to carry the Thai boys out of the flooded cave.
Meanwhile, Thai authorities successfully rescued all 12 boys and their coach without Mr. Musk's device.
Mr. Musk, who praised the rescue effort, stopped off to visit the cave on a trip to China and said he was leaving the sub
in case it could be useful in the future.
Mr. Musk chafed at criticism of his effort. "This reaction has shaken my opinion of many people," he tweeted on July 11.
"We were asked to create a backup option & worked hard to do so."
Late last week, a CNN posted a video in which Mr. Unsworth called Mr. Musk's mini-sub a "PR stunt," saying it "had
absolutely no chance of working" because it was too big for the cave. "He can stick his submarine where it hurts," Mr.
Unsworth said.
Sunday morning, Mr. Musk replied to a tweet citing the comments, saying: "Never saw this British expat guy who lives in
Thailand (sus) at any point when we were in the caves," he wrote. "Only people in sight were the Thai navy/army guys,
who were great."
He then challenged Mr. Unsworth to show a video of the rescue, before adding: "You know what, don't bother showing
the video. We will make one of the mini-sub/pod going all the way to Cave 5 no problemo. Sorry pedo guy, you really did
ask for it."
***
Financial Times, E!on Musk attacks Thai cave rescuer in angry tweet
Tesla founder risks serious backlash with unsubstantiated insults
Elon Musk's mounting displays of public irritation risked a serious backlash on Sunday, as he resorted to personal abuse
on Twitter against one of the divers involved in the Thailand cave rescue.
Exhibit 36
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#:1851
The entrepreneur behind Tesla and SpaceX addressed the diver directly in a tweet as "pedo guy" , a common
abbreviation for a paedophile. It was his most strident comment in weeks of lashing out, bringing accusations that he
has misused his powerful position as one of Twitter's most widely followed personalities in order to silence critics.
Mr Musk presented no evidence to support his claims.
The tweet followed a television interview in which Vern Unsworth, a British diver who lives in Thailand, called Mr Musk's
attempts to help in the rescue effort a PR stunt".
11
Mr Musk had instructed his engineers to turn a large canister into an improvised submarine that could be used to ferry
the children trapped by rising water in the cave complex. He also visited the site last week, though the rescue capsule
was not used and the children were rescued by divers.
Asked by reporters what he thought of Mr Musk's submarine idea, Mr Unsworth said: "He can stick his submarine where
it hurts." He added that it "just had absolutely no chance of working", since sharp turns in the caves would have blocked
the rigid canister.
Mr Musk responded on Twitter: "Never saw this British expat guy who lives in Thailand (sus) at any point when we were
in the caves."
He then challenged Mr Unsworth to produce a video to prove his claim, before writing: "You know what, don't bother
showing the video. We will make one of the mini-sub/pod going all the way to Cave 5 no problemo. Sorry pedo guy, you
really did ask for it."
Twitter's policy against abuse forbids behaviour that "harasses, intimidates, or uses fear to silence another user's voice",
though it maintains wide latitude to interpret how the rule is applied. In a standard response, Twitter said its rules
"apply to everyone" who uses the service and that "if a violation is found, action should be taken."
Mr Musk's attacks on critics have become increasingly outspoken in recent weeks as pressure on him has mounted over
production delays at Tesla. With 22.3m followers, his comments are widely seen and sometimes provoke fans into
joining the attacks, as happened after a recent tirade against a female journalist he accused of paying for information
from a former Tesla employee.
Exhibit 36
Page 638
TESLA000275
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