BOEING AT 394.
>>> LAWYERS FOR TESLA CHIEF ELON
MUSK HEADING FOR COURT, FACING
OFF WITH THE SEC OVER CONTEMPT
CHARGES.
ALL RISE, JUDGE ANDREW
NAPOLITANO.
HOST OF "THE LIBERTY FILE" ON
"FOX NATION" JOINS US NOW.
WHAT DO YOU THINK IS LIKELY TO
HAPPEN TO MUSK IN COURT TODAY?
>> NOTHING.
I THINK THIS IS MUCH ADO ABOUT
NOTHING.
IF IT WERE NOT ELON MUSK WITH
HIS HISTRIONICS AND FLAIR FOR
PERSONALITY AND DRAWING
ATTENTION TO HIMSELF THE SEC --
HE MADE A STATEMENT.
IT WASN'T THROUGH.
HE CORRECTED IT RIGHT AWAY.
FORGOT TO RUN IT PAST THE
LAWYERS.
WOULDN'T HAVE APPROVED IT
ANYWAY.
BECAUSE HE IS ELON MUSK, IF HE
WERE A LAWYER FOUND GUILTY
GUILTY OF CONTEMPT IT WOULD
AFFECT HIS ABILITY TO PRACTICE
LAW.
STUART: THOSE TWEETS, REALLY
SHIFTED STOCK MARKET.
>> WE'RE NOT TALKING ABOUT THE
FIRST SET OF TWEETS.
HE ALREADY HAS BEEN DISCIPLINED
FOR THAT.
E WE'RE TALKING ABOUT THE SECOND
SET WHICH HE SAID WE'LL PRODUCE
500,000 CARS AND THE TRUE
NUMBER, CORRECTED, 19 MINUTES
LATER WAS 400,000.
STUART: YEAH.
BUT HE DID THE SAME THING A
SECOND TIME, THAT HAD BEEN
CAUTIONED FOR THE FIRST TIME?
I MEAN IS HE JUST GOING TO WALK
AWAY FROM THIS?
CAN THIS GUY JUST DO ANYTHING HE
LIKES BECAUSE HE IS ELON MUSK?
>> YOU SOUND LIKE, GOD FORGIVE
ME FOR SAYING THIS, A LAWYER FOR
THE SEC.
I MEAN HOW MUCH REGULATION DO WE
WANT?
WAS THIS A MISTAKE OR WAS THIS
INTENT TO MOVE THE MARKET?
IF IT WAS THE LATTER HE DESERVES
TO BE FOUND GUILTY OF CONTEMPT,
TO HAVE MORE RESTRAINT PUT ON
HIM.
IF IT IS MUSK BEING MUSK, LEAVE
HIM ALONE.
HE IS A GREAT GUY.
BUILT THIS WONDERFUL COMPANY!
STUART: DO YOU MEAN THAT?
OR ARE YOU SAYING THAT ON BEHALF
OF SOMEBODY ELSE?
>> I'M SAYING THAT THAT WOULD BE
AN ARGUMENT THAT WOULD RESONATE
WITH ME IF I WERE THE JUDGE.
STUART: OKAY.
>> BECAUSE I DON'T LIKE TO HOLD
PEOPLE IN CONTEMPT BECAUSE OF
THEIR USE FOR WORDS.
STUART: HAD YOU SOMETHING
DIFFERENT HE WOULD GO TO JAIL OR
LOSE HIS JOB, I BET THE STOCK
WOULD BE DOWN MORE THAN IT IS
NOW.
YOU HAD A CHANCE TO MOVE THE
MARKET.
THERE HOWEVER I WANT TO TALK TO
YOU ABOUT CARLOS GHOSN.
ARRESTED AGAIN IN JAPAN.
NEW ALLEGATIONS, I THINK
FINANCIAL MISCONDUCT AGAIN.
TAKE ME HINE THIS.
WHAT'S GOING ON?
>> I THINK AS YOU AND I TALKED
DURING THE BREAK HE WAS GOING TO
HOLD A PRESS CONFERENCE TODAY
JAPAN TIME, MAYBE YESTERDAY, AND
THEY DIDN'T WANT HIM TO DO IT.
LET ME TELL YOU, IF THEY KNEW OF
THIS POTENTIAL CHARGE AND
INTENTIONALLY HELD IT BACK, IN
AMERICA THEY WOULD LOSE THE
RIGHT TO PROSECUTE THEM FOR IT.
IN THE JAPANESE SYSTEM
PROSECUTORS HAVE EXTRAORDINARY
POWER.
I JUST LOOKED UP THEIR
CONVICTION RECORD LAST YEAR.
I HAVE NEVER SEEN A NUMBER LIKE
THIS.
99.9% JURIES IN JAPAN, DO NOT
ACQUIT.
THEY HAVE SUCH DEFERENCE TO THE
GOVERNMENT.
MR. GONE IS IN VERY, VERY
SERIOUS TROUBLE, UNLESS SOMEHOW
HE COULD GET OUT OF JAPAN.
STUART: THEY COULD PUT HIM IN
SOLITARY I THINK, AGAIN.
>> YES.
IN MY VIEW HE IS BEING TORTURED.
A SOPHISTICATED FORM OF MODERN
FORM OF TORTURE BECAUSE PEOPLE
DIDN'T WANT HIM TO MAKE BUSINESS
DECISIONS THAT HE WAS MAKING
WITH NISSAN.
STUART: BUT THEY HAVE DIFFERENT
STANDARDS OF CORPORATE BEHAVIOR,
DIFFERENT PROSECUTORIAL
STANDARDS.
>> THE ANSWER -- YOUR STATEMENT
IS CORRECT.
STUART: THEY'RE MUCH MORE HARSH.
MUCH MORE SO.
>> YES, YOUR STATEMENT IS
CORRECT.
NOW THE 99% CONVICTION RATE IS A
LITTLE ILLUSORY, THEY DISMISS A
LOT OF CASES.
THEY ONLY TRY CASES THEY KNOW
THEY WILL WIN.
THEY HAVE A CULTURE WHICH JURIES
ARE SUBSERVIENT TO THE
GOVERNMENT.
THEY HAVE THE ABILITY TO DISMISS
WHATEVER CASE THEY DISMISS,
THROW OUT, WHATEVER CASE THEY
