He doesn't even need to do that! The feds need to prove he never intended to take Tesla private, or that "funding secured" was somehow isolated from those inten

He doesn't even need to do that! The feds need to prove he never intended to take Tesla private, or that "funding secured" was somehow isolated from those intentions and tweeted disingenuously to move the stock price. Good luck with that -- all evidence is to the contrary (talks had taken place and the Saudis have entered the market in earnest, and relevant emails had been sent out across the entire company). It was a dumb tweet for a lot of reasons, and it's reasonable to subpoena emails and investigate (and obviously civil claims and losses are another story), but dwelling on "fraud" of all wrongs here is downright silly.