Musk's lawyers say his tweet as in no way different to that outcast and that he was merely repeating public information.
SEC Chairman Jay Clayton has said he does not favor draconian penalties that could harm investors, saying when Musk settled that "the skills and support of certain individuals may be important to the future success of a company".
While Musk warned the company probably would lose money last quarter and the carmaker has a US$566 million note coming due in November, Tesla has said it has enough money to pay off debt obligations with cash flow. She said court-supervised deals must be obeyed, though.
Judge Nathan seemed frustrated by the entire situation, stating that she had "serious concerns that, whatever I decide here, the issue will not be finally resolved".
Musk has already warned investors that the company will lose money during this year's first quarter amid cost-cutting needed to lower the price of its Model 3, its first electric vehicle designed for the mass market.
Trump says he's prepared to close Mexico border if necessary
A Border Patrol agent loads detained migrants into a van at the U.S-Mexico border in El Paso, Texas, on March 31, 2019. One auto industry analyst estimates that a shut down could halt auto production in most USA factories within a week.
But, confronted with this delivery shortfall and a decline in ASPs, Musk now expects Q1 net income to be "negatively impacted".
Tesla's stock price sank more than 9% in after-hours trading leading into Thursday's session.
Nathan is considering whether to hold Musk in contempt over a February 19 tweet, where according to the SEC he improperly posted material information about Tesla's vehicle production outlook without first seeking approval from company lawyers. Inventory of Model 3 vehicles in North America remains exceptionally low, reaching about two weeks of supply at the end of Q1, compared to the industry average of 2-3 months.
The legal battle has not stopped Musk from being an outspoken critic of the SEC.
Despite the slow-down, the company maintained its earlier projection that it would deliver between 360,000 and 400,000 vehicles by the end of the year.
Back in July previous year, Elon Musk confirmed all our suspicions that he was indeed a Juggalo.