[jacques_chester]

> Written Communications that contain, or reasonably could contain, information material to Tesla or its stockholders must, prior to posting or other publication, be submitted to Tesla’s General Counsel and Disclosure Counsel (or in the event of the General Counsel’s unavailability, Tesla’s Chief Financial Officer and Disclosure Counsel) for pre‐approval. Authorized Executives are not authorized to post or publish Written Communications that contain, or reasonably could contain, information material to Tesla or its stockholders without obtaining pre‐approval.

Whether it's new information or not, he was supposed to get approval first.

> Also, note that the market was closed at the time of the tweet and the second tweet clearing up any possible confusion, thus, having no impact on the stock.

Feel free to argue to a judge that the law knocks off overnight.

In any case: the judgement sought by the SEC is for civil contempt for breaking his agreement. It matters that he didn't follow the procedure that he had promised to follow.