The SEC accuses Musk of deliberately evading the testimony, noting that his notice of emergency was provided just three hours before the scheduled appearance. The agency is seeking to hold Musk in civil contempt and wants him to cover the costs incurred due to his absence, including travel expenses for three SEC attorneys. According to SEC lawyer Robin Andrews, Musk's failure to comply violates a previous court order.
Musk's attorney, Alex Spiro, argued that the emergency was genuine, and sanctions would be an overreaction. A new date for Musk's testimony has been set for October. Spiro maintained that Musk's presence at the SpaceX launch was essential and not an act of defiance against the court order.
The SEC's move is the latest development in its ongoing tensions with Musk, dating back to 2018 when Musk tweeted about taking Tesla private at $420 per share, which led to a $20 million settlement. Additionally, the SEC has raised concerns about Musk's handling of Twitter stock acquisitions, alleging he failed to disclose critical information, putting other shareholders at a disadvantage.