Elon Musk’s Lawyer Faces Sanctions After Deposition Meltdown, While Engaging In Unauthorized Practice Of Law
from the a-lawyer-fit-for-elon dept
Elon Musk’s favorite lawyer, Alex Spiro, isn’t having a great week. Sure, sure, he just signed up embattled NYC mayor Eric Adams as a new client, but he seems to have royally fucked up in defending Elon.
One of Elon’s many legal fights currently is a defamation lawsuit filed by a California man, Ben Brody. Last year, there was a fight between two different groups of far-right neo-Nazis that got some attention. Some of them were masked, and at one point, one guy’s mask got pulled off. Some fucking idiots that Elon Musk follows falsely claimed that one of the unmasked dudes was Brody, and that it was some sort of false flag operation, because Brody is Jewish (and had expressed an interest in working for law enforcement) and wouldn’t be a part of a neo-Nazi org.
As he is known to do, Musk went with the standard confirmation bias response of assuming anything any idiot tells him must be true.
Brody is represented by Mark Bankston, who recently (successfully) represented families from Sandy Hook in their successful defamation lawsuit against Alex Jones.
I didn’t write about the case at the time because while it does show Musk being an absolute gullible buffoon (yet again), it’s not clear to me that what he did actually reached the level of defamation. It seemed at least worth waiting until the case was further along and more details were available.
But, the case took an absolutely bizarre turn in the last week. You see, at the end of March, Musk sat for a deposition and brought along his buddy Spiro, who seemed wholly unfamiliar with how litigation or depositions work, despite being one of the highest paid, most well-known litigators out there.
Musk revealed a bunch of embarrassing shit in the deposition, including about his various burner accounts on Twitter and where he acted like an absolute ass when asked some fairly basic questions about the lawsuit (pretending that Bankston, not Brody, was the plaintiff, for example). He also appears to have admitted a bunch of really damaging stuff for the case.
But, things really go off the rails at the end when Spiro demands that the deposition be marked “confidential” out of nowhere. That is… not how any of this works. As you can tell from the transcript that ensued, you need to get a protective order before any of this happens. You don’t just get to declare it “confidential” after the fact.
MR. BANKSTON: All right. Mr. Musk, I don’t have anything more for you today.
MR. SPIRO: Okay. Thank you.
THE REPORTER: Mr. Spiro, I need to have you say on the record whether you want a copy of the transcript.
MR. SPIRO: Yes, and please mark it confidential.
MR. BANKSTON: I’m sorry. What? There’s no PO in this case.
MR. SPIRO: We’re asking for it to be deemed marked confidential until we address —
MR. BANKSTON: Under what authority? No. There’s no PO.
MR. SPIRO: Well, that’s what I’m asking for. You want to release it —
MR. BANKSTON: Then you need to move – you need to move fora PO. I don’t — no —
MR. SPIRO: Okay. Then we will move for PO.
MR. BANKSTON: Right. Over discovery that’s already happened?
MR. SPIRO: Yeah. Okay.
MR. BANKSTON: I’m absolutely positive there’s not —
MR. SPIRO: I’m asking — Mark, don’t interrupt me, okay? Mark, don’t interrupt me.
MR. BANKSTON: All right.
MR. SPIRO: I’m asking that this transcript be marked as confidential. That’s what I’m asking for, okay?
MR. BANKSTON: I don’t agree.
THE REPORTER: Mr. Spiro
MR. BANKSTON: Yeah, he jumped off the record, but we’re not off the record yet.
THE REPORTER: I need to find out if Mr. Musk wanted to read and sign his transcript.
MR. BANKSTON: Well, we’re not going to find that out either because he just left. I do need to make a record on what just happened for the Court. Parties must obviously move for a protective order over discovery before it occurs. I am in no way bound to treat anything confidential.
There is no confidential order in place. There is a method in which to do that. Attorneys from Quinn Emanuel should know very well how to do that. In fact, even Alex Jones’ attorneys knew how to do that. Apart from that, there’s not a single trade secret or anything confidential ever mentioned anywhere throughout this deposition. I’m very concerned that Mr. Spiro, a non-Texas lawyer who is — came to this deposition to practice law in violation of Texas law with no pro hac admission completely shut down many segments of the deposition, issued several instructions not to answer that were wholly inappropriate, completely interrupted and made objections outside of Rule 199.5. And then at the end of the deposition demands that it be treated confidential.
Mr. Spiro is clearly not following any of the procedures that would need to happen here. Given what he’s said, we will not discuss what happened here in this deposition with third parties until we talk to the Court about it obviously. But we will make sure for the record — we do not see any method on which to designate things as confidential, so we don’t — we. don’t recognize that request as anything valid.
If they want to pursue a Rule 76 at a future time, I mean, I guess they’re welcome to try to do that. But, again, just to state for the record, we are not — we are not under protective order. We have no obligation to abide by any confidentiality, and we reject wholeheartedly Mr. Spiro’s unilateral attempts to place us under some sort of legal obligation. We do not recognize it whatsoever. And with that, we conclude the deposition today.
THE VIDEOGRAPHER: This concludes the deposition at 3:19 p.m.
I’ve seen some wild depositions over the years, but this one is way out there.
Anyway, Bankston followed up with his comments at the end of the deposition and requested sanctions against Spiro for engaging in unauthorized practice of law. Standard practice for an out-of-state lawyer is to apply in the relevant court for “pro hac vice” admission to the court. It literally means “for this occasion,” and allows an out-of-state lawyer to request to practice (usually with assistance from a local lawyer) in that state for this particular case. It’s usually rubber-stamped by judges.
But Bankston is now opposing the request in Spiro’s case while simultaneously requesting sanctions because of his activities.
Out-of-state attorney Alex Spiro brazenly engaged in unauthorized practice of law by signing and preparing Musk’s pleadings, showing up unannounced to defend Musk’s deposition with no authority to practice law in Texas, and drafting and serving subsequent legal demands to Plaintiff. Even worse, Spiro’s behavior in deposition was astonishingly unprofessional, as he continually interrupted the deposition with commentary, gave numerous improper instructions not to answer, berated opposing counsel, insulted Plaintiff’s claims, mocked counsel’s questions, and generally acted in the most obnoxious ‘manner one could contemplate without crossing into parody. In doing so, he irreparably disrupted the deposition, prevented relevant questioning relating to Plaintiff’s TCPA response, and demonstrated his disrespect for the sanctity of these proceedings.
Bankston notes that Musk more or less admitted to all of the important and necessary points to make his tweets about Brody defamatory in the deposition, but also notes that Spiro kept making a mess of the hearing:
In sum, Musk admitted to all the material allegations in Brody’s Petition. Yet as damaging as it was, Musk’s deposition could have gone even worse but for the obstructionist conduct of the attorney defending the deposition. In this case, Musk has been represented by two Texas attorneys- Emiliano Delgado and John Bash. Both of these attorneys appeared on Musk’s behalf at the discovery hearing. However, neither of these attorneys were present at Musk’s deposition. Instead, and unbeknownst to Plaintiff’s counsel, out-of-state attorney Alex Spiro showed up to the deposition with no notice. Spiro is not licensed in Texas, nor is he admitted pro hac vice. As shown below, Spiro continually interrupted the testimony, injected his commentary in front of the witness, berated opposing counsel, gave numerous instructions not to answer relevant questions, and generally attempted to derail an obviously damaging deposition, all while Spiro was engaged in flagrant unauthorized practice of law. Asa result, the Court’s rules have been flouted, and Brody was prevented from a full inquiry on the issue of actual malice.
There’s a lot in the filing that suggests Spiro could have easily done things to comply with the basics of the law and chose not to do so.
Spiro decided to show up unannounced to Musk’s deposition, make an appearance as his attorney, and represent Musk during his testimony. Plaintiff’s counsel were not informed Spiro would appear at the deposition, and none of Musk’s Texas attorneys even attended the deposition.
As the Delaware Supreme Court observed, “one of the principal purposes of the pro hac vice rules is to assure that” either a local lawyer or a “lawyer admitted pro hac vice” will “be present at a deposition; as “an officer of the [] Court, subject to control of the Court to ensure the integrity of the proceeding” Paramount Commc’ns v. Qvc Network, 637 A.2d 34,56 (Del. 1994). Importantly, pro hac vice requirements also ensure the attorney is familiar with the state’s rules, procedures, and ethical standards. As such, Musk “should have been represented at the deposition by a [Texas] lawyer or a lawyer admitted pro hac vice” Id. at 55. Here, Plaintiff’s counsel noted that he was “very concerned” that Spiro “came to this deposition to practice law in violation of Texas law with no pro hac admission.”10 As shown below, Spiro mocked these concerns.
In doing so, Spiro broke his ethical duties. “Without admission pro hac vice, out-of- state attorneys … actively participating in pretrial proceedings such as depositions … would be engaged in the unauthorized practice of law in this state.” In re Roswold, 249 P3d 1199, 1208 (Kan. 2011); see also Forbes v. Hixson, 145 So. 3d 1124, 1136 (Miss. 2014) (‘[Plhysically appearing at ..a deposition …or any other proceeding in which the attorney announces that he or she represents a party to the lawsuit …require[s] a foreign attorney to be admitted pro hac vice”); see also In re Hughes, 833 NE.2d 459, 460 (Ind. 2005) (violation of professional conduct rule for Indiana lawyer to permit Michigan attorney to handle depositions and ‘mediation in Indiana case); In re York, 2010 MP 11,9 2 n.3, 8 N. Mar. 1. 476, 477 (‘After the Court learned of Murray’s participation in the deposition [before his pro hac vice admission], it made a finding of unauthorized practice of law and revoked Murray’s recently-granted pro hac vice status.”); Smith v. Hastings Fiber Glass Prods, No. 11-0894, 2014 US. Dist. LEXIS 81125,at*11-12 (WD.La. 2014) (Noting that attorney “could not have participated in out of court proceedings such as depositions” without “admission pro hac vice in this case … unless he was engaged in the unauthorized practice of law); In re Cortigene, 13-2022 (La. 02/14/14), 144 So. 3d 915, 918-20 (Holding that non-resident attorney “engaged in the practice of law in this state by appearing at and participating in a deposition” and that the “appropriate sanction for such misconduct would be a three-year suspension” when attorney “participated in the deposition of [client] taken in New Orleans by another party.’ and “advised [client] ‘once or twice’ to either answer or not answer a particular question.” even though another attorney “predominantly did the questioning and the objecting”).
Apparently, after the deposition, Spiro sent a letter to Bankston, representing Musk, about his supposed plans to file for the protective order (which, again, you shouldn’t do after discovery). But, that represented further unauthorized practice of law:
On March 27, 2024, following his improper appearance at Musk’s deposition and his unprofessional conduct therein, Spiro sent a letter to Brody’s counsel. (Ex. 3, Spiro letter). This letter informed Brody’s counsel that an emergency motion was being prepared, and the letter made legal demands of confidentiality on Brody, his attorneys, and consulting expert. Thus, even after being confronted during the deposition about his lack of authority to practice law in Texas, Spiro continues to engage in unauthorized practice.
Bankston also outlines how Spiro regularly interjected his own thoughts in the deposition, rather than doing the only thing he would actually be permitted to do: raise objections to specific questions, which could then be reviewed by a judge later on.
This exchange is quite something:
Q Mr: Musk, I’m referring to the fact that on June 24th, 2023, as described in the plaintiff Ben Brody’s lawsuit, there was a brawl in Oregon between right wing extremists. Were you aware that that was the subject matter of the lawsuit?
MR. SPIRO: I don’t know that that’s the subject matter of the lawsuit. I think the subject matter of the –
MR. BANKSTON: A subject matter of the lawsuit. And, Mr. Spiro, again, your objections to questions in an oral deposition under Rule 199.5 are limited to objection; leading and objection; form, or objection; nonresponsive. Those objections are waived if not stated as phrased. All other objections need not be made or recorded during the oral deposition to be raised to the court. You must not give any suggestive or argumentative or any explanations during the deposition.
MR. SPIRO: Well, then don’t say things that are misleading.
MR. BANKSTON: No. That’s not – that’s why you should object to the form of the question.
MR. SPIRO: No, no, it’s not-
MR. BANKSTON: That’s misleading. Mr. Spiro, you know — Mr. Spiro —
MR.SPIRO: Listen, if you want to go back and forth with me and waste your time, you can. Go on to your next question.
MR. BANKSTON: Oh, we’re going to get more time if you keep doing this.
MR. SPIRO: No, you’re not. No, you’re not. Go to the judge —
MR. BANKSTON: You’re violating Rule 199, you’re not even pro hac admitted.
MR. SPIRO: Okay. Okay. You’re just giving speeches that nobody’s listening to but you. You’re just doing them for yourself.
MR. BANKSTON: Oh, they’re for the record, Mr. Spiro, they’re for the court to listen to.
MR. SPIRO: Okay. So keep
MR. BANKSTON: And I would appreciate it – I’m going to give you an instruction. I would appreciate it if you would abide by Rule 199.5 of the Texas Rules —
MR. SPIRO: I heard you the first three times.
MR. BANKSTON: Mr. Spiro, please do not interrupt me.
MR. SPIRO: I heard you the first three times.
MR. BANKSTON: Mr. Spiro, please do not interrupt me. I’m asking you on the record to obey Rule 199.5. If you continue to violate Rule 199.5, I will move for sanctions against you. So I please ask you to obey the rules in the remainder of this deposition.
There’s much more between the deposition and the filing, but it’s striking.
None of this means Spiro will actually get sanctioned. Judges are often hesitant to go that far. And granting pro hac vice requests is so standard, it wouldn’t surprise me if a judge overlooks all this and grants it and says that none of this matters anymore.
On top of that, Spiro likely doesn’t much care how this goes. If he has to pay up, he pays up. And he’ll just view this as good marketing for how much of an asshole lawyer he is, believing (incorrectly) that this shows how hard he fights for his clients, even as, in this case, he’s helped make a mess of things for his client.
Filed Under: alex spiro, ben brody, defamation, elon musk, mark bankston, sanctions, unauthorized practice of law
Comments on “Elon Musk’s Lawyer Faces Sanctions After Deposition Meltdown, While Engaging In Unauthorized Practice Of Law”
This comment has been flagged by the community. Click here to show it.
Just the latest example of the s!te owner’s obsession with writing negatively about Musk, to the detriment of other stories that merit coverage, including the role of technology and the internet in encouraging the medically-unjustified mutilation and sterilization of autistic girls.
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Feel free to start your own blog and write about whatever you want.
Don’t forget a comments section, though, so other people can also mock you for not writing about what they want you to write about.
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The difference is that the things Elon does is actually happeni9ng, while the things you feel we -should- be concerned about are just 4chan bigot grievance madlibs that have passed through the far right think tank filter. It’s as real as litter trays in school for furries, but boy does it sound good as a thing that is totally happening that people should be mad at… Except whenever people ask for proof, there is none, if there were it would be EVERYWHERE, not just confined to far right blogs, youtube ranters and assholes in comment sections, shithead TERFs at the NYT would be eagerly and thoughtlessly signalboosting it.
There is nothing, you have nothing but insincere shrieks of ‘think of the children’, the same kids you will eagerly see married off to people three times their ages the second they hit puberty should your theocratic dreams ever come to pass. If it ever did, you’d still be a mad incel, angry at some other group because nobody wants to be with a bitter husk, you’d be about as likely to get fucked in that universe as you are to have Elon love you back in this one.
This comment has been flagged by the community. Click here to show it.
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So are we to understand that you’re denying the existence of a multi-billion dollar industry of “gender-affirming [medical] care” that profits handsomely off of the mutilation and sterilization of otherwise physically healthy children and young people?
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Yes, the billion dollar industry you are describing is ALL OF AMERICAN HEALTHCARE aside from the religious organizations that were allowed to scam people by pretending to be medical insurance thanks tO a loophole in obamacare. Trans healthcare isn’t easily accessible to adults, it certainly is not and has not been provided to every teen who’s asked for it, no questions asked, because the US system is geared toward denying medical care full stop.
If you had any proof aside from what Libs of Tiktok says on twitter when misrepresenting conversations with receptionists, you would be posting it, not going ‘Oh golly gee, think of the children! Why aren’t you thinking of the bad people doing bad things to children en masse that we have no specifics to back up? You’re all bad people, not thinking of the children like that i9nstead of focusing on people like Elon who are actively defaming random teenagers and working to make the world worse! BE MAD AT TRANS PEOPLE AND THINK OF THE CHILDREN!’
This is the same shit you assholes pulled with desegregation, gay rights, with abortion, with attacking religious minorities and popular culture, it’s always about the children except it never is, it’s always about finding some issue, or preferably a minority group to persecute as a distraction from all the actively evil things you support.
This comment has been flagged by the community. Click here to show it.
Re: Re: Re:2
Do they tell anorexics that they need to lose weight and help them to do so?
Re: Re: Re:3
Why is this flagged? For what possible reason could this be offensive?
Does the truth bother you people?
Re: Re: Re:4
It’s offensive to anorexics, transgender people, and the medical profession. They’re comparing apples and oranges.
Re: Re: Re:5
You represent all three groups? Where are trannies mentioned to offend them?
Re: Re: Re:5
They both “feel” the way they say they are compared to what the rest of the world sees
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Re: Re: Re:2
LoTT is a beautiful Jewess goddess!
Re: Re: Re:3
I’m guessing you also find her inspiration of harassment and stochastic terrorism to be attractive.
Re: Re: Re:4
Definition of stochastic terrorism for the phobes and the better educated.
Re: Re: Re:2
Yeah, think of the children. But if those children are in some way “confirmed trans*”, then they should probably be burned at the stake or whatever because reasons. That’s how we really think of children. (Also, great for cheap underage labor in dangerous environments!)
Re: Re: Re:3
Or if kids are victims of REAL issues like being murdered at school or sexually abused by a trusted family member or member of the church. Then it’s either silence, “prayers”, ” the will of God” or “GuNz DonT KILL peoPLE!”
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Re: Re: Re:
fuck off low life troll
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This is Discussion, sir! If you want an argument, please proceed to 12A, down the hall.
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Yes, it’s amazing how much people will deny the existence of something that’s not happening… unless you have any kind of evidence to back up your claim. But you may as well say the medical professionals in question are in the pocket of the Unicorn Mafia.
Re: Re: Re:2
No, no, the unicorn mafia is behind the eclipse and the cicadas! Their rivals, the jackelope cyborg hivemind, are behind the child mutilations happening in an parallel dimension where fasc-right delusions and dreams come true. It’s important to get your alternative facts straight!
Re: Re: Re:3 Ponies
What about the Ponies. Don’t forget the Ponies.
Re: Re: Re:4
“Unicorn Mafia” <- Ponies, right there..
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…is hallucination that exists exclusively in the minds of pedophiles, not anywhere out here in the real world.
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Yes bro. We are denying things that are patently not true.
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Given the lack of evidence for your claim, yes.
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According to the UN, the age at which trans people can access surgery is when they are adults. Yes, I know 18-year-olds in the US can’t legally buy alcohol from many places, but the point still stands.
Re: If you're here and I'm here, isn't it "our" time?
Just the latest example of a knucklehead reading a post about a topic and then complaining that the author writes too many posts about the topic.
Re: Are you kidding?
The disposition alone is news worthy. It’s such a trainwreck of epic proportions. Just because it shows Musk in an unfavorable light didn’t mean that its wrong.
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An AI hallucination and off-topic comments should be harder to tell apart.
That Musk and his attorney thought this was a good idea against the attorney who handled the Sandy Hook plaintiffs defamation suit against Alex Jones shows a level of bad decision making that is hard to fathom.
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Eagerly awaiting you totally cool blog thats going to have blackjack and hookers…
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I hope someone is monitoring you, to make sure you’re meeting the conditions of the protective order.
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s!te owner’s obsession with writing negatively about Musk
That’s on Musk, ya know? If Musk didn’t do such a spectacular job of making himself look like a fucking idiot, there’d be a lot less to write about.
Re: well, actually
Mike is writing negatively about Skum’s lawyer.
The sterilisation of ‘mentally unfit’ women went on in many countries and a hundred years before the internet was even a thing. I very much doubt you know a single fact about the real eugenics movement, including Elon’s enthusiastic support for its principles.
By all means, however, do keep posting drivel which will make people hope that, sterilised or not, you don’t managed to pass on your brain worms to any unfortunate offspring of your own.
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Yo. You’re a sick fuck, you are.
Goddamn, this isn’t even really about Musk, but you have to say some disgusting shit because you’re upset that someone mentioned Musk.
Get help or get the fuck out. You are quite literally the social harm that exists on the internet and i don’t even want to know what you’re like in person.
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Keep dancing for me, trained seal.
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Ironically fucking goats, eh?
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Re: Re: Re:2
Be quiet, Sambo. The property-owning citizens are talking.
Re: Re: Re:3
We get it, you fuck goats, regardless of any alleged irony involved.
Re: Re: Re:3
Look at the size of the edge on that lord.
Re: Re: Re:3 The fuck you talking about?
Your mom is renting that basement she pays for you to live in from an actual property owner.
Re: Re: Re:3
You don’t own shit but a pile of empty Monster cans and Doritos bags, neck beard.
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If anything, you’re the Sambo that supports the system under which your trans kids are suffering. (Unlike you, I have the reading comprehension ability necessary to have read Uncle Tom’s Cabin.)
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You’re definitely the first person to ever have anyone to respond to them on a discussion thread. You’re such a clever mastermind! What puppetry skills! It’s totally not predictable that people who care about a community will tell trolls to fuck off.
Are you actually 13 or did you just stop maturing at that point?
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“Stop maturing at 13” sounds like the average conservative
Re: Re: Re:3
Bold of you to assume they matured at all.
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This sounds familiar… Have you previously posted on Quora by any chance?
If a judge doesn’t sanction this they should be jailed themselves.
If a candy bar is a death sentence then fucking take this lawyer and ruin them.
So tired of this idiotic boot licking by judges that shows they are just corrupt criminals.
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You really ought to seek professional help for this anger management issue of yours.
At this point, I can’t tell if Musk is just sort of a black hole of stupidity, attracting other idiots, or if his own stupidity slowly infects the ones that orbit him.
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I think it’s both and common with people like that, to wit: Donald Trump
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If I had to guess, I would say that Musk thinks any defamation loss will be a trivial fraction of a percent of his wealth. The damage to his self-image from acknowledging the law applies to him, too, probably matters more to him than the money does. Better to pay the damages and then talk shit about how he’s been unfairly targeted. It worked for Donald Trump for 40 years.
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I imagine it’s a matter of selection bias in that anyone not similarly deranged as him ends up quitting or getting fired, leaving only the people who never interact with him or are the sort to behave, think and talk like him.
This is the quality of legal representation when the only people around you that you value are the ones using you for clout. Guy is trying to ingratiate himself with Musk by making a show of trying to mess up this deposition and become a go-to guy, the way Habba did with Trump, only he’s smart enough and works for a prestigious enough lawfirm that he really, really ought to know better than to try and illegally practice law in a state where he has no familiarity with the law.
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I dunno, it seems like Spiro’s been a Musk true believer for a long time now.
Elmo gonna Elmo
Apologies to Mike if he had already covered this, but Elmo appears to be cool with doxing innocent people who have to flee their homes to escape the whacko death threats and people showing up at their door.
From the deposition:
Musk: “People are attacked all the time in the media, online media, social media, but it is rare that that actually has a meaningful negative impact on their life.”
Re: 'Doxxing doesn't matter unless it's MY life we're talking about!'
Musk: “People are attacked all the time in the media, online media, social media, but it is rare that that actually has a meaningful negative impact on their life.”
… said the dude who blew his top over an account that tracked his plane using publicly available information.
In the deposition Musk says that he flagged the (“allegedly”) defamatory tweet for Community Notes ” to sort of fact-check” it.
I’m not a lawyer, but to me that reads as an admission that he thought what he was saying might not be true, but decided to say it to his millions of followers anyway prior to checking.
I doubt the plaintiff counts as a public figure, but even if he was that sure sounds like it meets the “actual malice” standard of reckless disregard for whether or not the statement was true.
Can't make your client feel like an idiot I suppose...
I am shocked, shocked I say to find out that Elon employees lawyers just as childish, spiteful and ignorant as he is!
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I saw that lawyer’s behaviour as utter desperation because his ability to defend Skum had run right up against Skum’s inability to keep his big, uninformed yap shut, and he has nothing left in his armory except bluster and nonsense. Astonishingly unprofessional.
Hey at least he filed to be admitted a week later, so that totes counts for something…. right??
And its not like Elmo deleted one (or a couple I got confused) burner accounts relevant to the case once the duty to preserve was in pla…. oh… oh my…
If I had turned up at Elmos depo and behaved this way the court would be nailing my ass to the wall, an officer of the court, who should know better, deserves at least a benchslap. Unless we’re gonna extend the idea that lawyers don’t have to follow the rules unless there is law showing it is a settled thing that someone employed in the practice of law should be aware of.
Also, it appears we need more shitty lawyers in ‘Merkia.
With so many of them repping DJT, poor elmo ended up with a 4th tier dipshit.
Re: 'And let that $5 fine be a lesson to you!'
And its not like Elmo deleted one (or a couple I got confused) burner accounts relevant to the case once the duty to preserve was in pla…. oh… oh my…
I mean, what is the court going to do, slap his wrist give him a stern talking to or gasp hand out a ‘fine’ that doesn’t even qualify as a rounding error on that day’s expenditures?
So long as courts keep giving the silk glove treatment to the rich and/or powerful said people have no reason not to openly flaunt or casually violate the law.
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My understanding (IANAL) is that if the jury decides that the defendant has destroyed evidence, they may consider that as evidence of “consciousness of guilt” on the defendant’s part, and assume that the evidence would have been harmful to the defense.
I’m not sure that Musk actually can look more guilty of defamation here, but that’s just based on reading that shitshow of a deposition.
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Well the only evidence he managed to preserve was his tweet about it, while the original tweet was deleted.
What do you expect from an assclown lawyer who argues thusly: “Elon puts rockets into space, he’s not afraid of the FTC.”
LMAO!
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To be fair in Elon’s shoes I wouldn’t be either, so stopped clock I suppose.
Perhaps the reason for Spiro’s shenanigans?
Disappointed to learn “faces sanctions” in the headline wasn’t really accurate – since I know having these requests be granted is very rare it got my hopes up :\
Who knows though, maybe he’ll at least get something