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.
> According to Tesla’s Policy, any edits to a pre-approved Written Communication or even releasing a verbatim pre-approved Written Communication more than two days after it has been pre-approved requires that the pre-approval be reconfirmed. Even if the exact substance of the 7:15 tweet had been pre-approved 20 days before, Musk cannot credibly claim that he thought he was not required to obtain pre-approval again under the plain terms of the Policy. In fact, the written communication in the 7:15 tweet was not pre-approved 20 days earlier or at any time. Musk’s claim that he thought he was simply restating information from the January 30 communications is not credible.
https://assets.documentcloud.org/documents/5750664/Show-Caus... 12th PDF page (labeled 9 at bottom of page)
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.