PlainSite :: Vernon Unsworth v. Elon Musk, California Central District Court Case No. 2:18-cv-08048-SVW-JC Document 79: Declaration (Motion related)

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DECLARATION of G. Taylor Wilson In opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claim for Defamation <I></I>[58] <I>VOLUME 3 OF 6</I> filed by Plaintiff Vernon Unsworth. (Wade, Nicole): Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 1 of 129 Page ID #:1752

EXHIBIT 29

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EXHIBIT 30

Exhibit 30 Page 542

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JOBS

 HOMES News MOTORS Jobs Book an Ad Sport Photos Local Listings Your Say Local Info What's On LOCALiQ  Announcements Book an ad Business Dorset Brides  Register  Sign in   Education News 3rd November 2016 Businessman stole £426,000 from company's accounts despite being given "numerous second chances" By Alex Winter © 2019 Best Buy Most read Man dies after he's found unconscious in Boscombe Chine Gardens with area cordoned off by police Bloodied man who staggered into Winton's KFC had been stabbed repeatedly with shattered wine bottle Smyths set to open at former Toys R Us site This what'son  is  offer in the Lidl and 7 Aldi 'Aisle of Dreams' this week Every set of roadworks currently James Milton Howard-Higgins     ADVERTISEMENT  7 comments Earn $200 with a new account Learn more Promoted by Regions Bank Commented   Exhibit 30 Page 543 MENU

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causing problems for drivers in Bournemouth and Poole (as council says 'get a bus') A BUSINESSMAN has been jailed after stealing more than £400,000 from his company's accounts.

James Milton Howard-Higgins was the co-founder of Orchid Maritime Security Ltd based in Poole.

Around three years ago, it was discovered that the 44-year-old had stolen around £260,000 from the company, a consultancy practice specialising in maritime security and training solutions.

Howard-Higgins, of the Avenue in Poole, admitted the offences to the director and it was decided that the debt would be absorbed into the company. © 2019 Best Buy 6 Claims dogs are being stolen from Tuckton and used as bait by 'gang in white Nissan van' are just rumours, police say 7 Letter to the editor:

Getting to the airport is an ordeal 8 GALLERY: Thousands take part in Bournemouth Marathon Festival marathon and halfmarathon 9 'Parkstone is becoming the new Boscombe' say 'vigilante' residents as Ashley Road gets new police of cer 10 Ryanair ight due to land at Bournemouth Airport diverted to Bristol due to "technical issue" © 2019 Best Buy He had his credit cards removed and his dealings with company money were closely monitored.

In November 2014 it was discovered that Howard-Higgins had taken out another company credit card in the name of a woman who had nothing to do with the business.

The matter was again dealt with internally and Howard-Higgins was forced to stand down as a director and downgrade his shares.

He was also removed as a signatory on the account in December 2014. In April 2015 questions were raised over money not being received and outstanding invoices, the court was told.

Enquiries were made and the company director discovered that vast sums of money had been paid into Howard-Higgins’ personal account. Howard-Higgins resigned and admitted stealing the money. In total, £426,406 was stolen.

The matter was reported to Dorset Police and Howard-Higgins was arrested. He was charged in February this year.

The defendant admitted seven counts of fraud.

On Monday, October 31, he appeared at Southampton Crown Court and was sentenced to three years in prison.

Detective Constable Michelle Lawrence, of Bournemouth CID, said: “James HowardHiggins systematically stole from his business partner over a sustained period of time despite being caught in the act and given numerous second chances. Read more  “He sel shly abused his position of trust and I hope the sentence given will act as a reminder that anyone convicted of fraud offences will be dealt with robustly by the courts.”  © 2019 Best Buy     7 © 2019 Best Buy Howard-Higgins was also disquali ed as acting as a co-director of a company for 10 years and was told Proceeds of Crime proceedings would begin. Get involved with the news in your community Exhibit 30 Page 544 MENU

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     7 comments  Send your stories and photos now Promoted Stories You're Probably Overpaying at Amazon – This Genius Trick Will Fix That HONEY | SPONSORED Here’s Why Guys Are Obsessed With This Underwear THE WEEKLY BRIEF | MACK WELDON | SPONSORED © 2019 Best Buy The Genius Trick Every Best Buy Shopper Should Know WIKIBUY | SPONSORED Top Cardiologist: This One Thing Will Properly Flush Out Your Bowels GUNDRY MD SUPPLEMENTS | SPONSORED See Why This Facial Has Gone Viral MARIE CLAIRE | HANACURE | SPONSORED Man Who Called DOW 20,000 Has Surprising New Prediction INVESTING OUTLOOK | SPONSORED See Why These Are The Best Incontinence Products On The Market BECAUSE MARKET | SPONSORED The Harmful Ingredients In Your Cat's Food That You Should Know About DR. MARTY NATURE'S FEAST FREEZE-DRIED RAW CAT FOOD | SPONSORED Defeat The War In Your Stomach - Top Yale Surgeon Explains How GUNDRY MD | SUPPLEMENT | SPONSORED Body of missing nurse found in car in river BOURNEMOUTH ECHO Wartime US bomber crash leaves at least ve dead BOURNEMOUTH ECHO Husband 'killed pregnant wife following suspicions he was having relationship with teen', court hears BOURNEMOUTH ECHO In the Dock: Ten people from Bournemouth and Poole to appear before the courts BOURNEMOUTH ECHO Woman secretly lmed as she slept at home where AFC Bournemouth youth players had previously stayed      7 BOURNEMOUTH ECHO Exhibit 30 Page 545 MENU

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News 15th July Two teenage boys stabbed in Boscombe leaving one ghting for his life By Jade Grassby  @JadeDailyEcho Two teenage boys stabbed in Boscombe leaving one ghting for his life A TEENAGER is ghting for his life after being stabbed in Boscombe. Continue reading  News 21st August      7 Armed police respond to reports of man with a gun in Bournemouth Exhibit 30 Page 546 MENU

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By Jason Lewis  JasonDailyEcho Multimedia Reporter Armed police respond to reports of man with a gun in Bournemouth ARMED police descended on the Lower Gardens in Bournemouth town centre after reports of a man with a gun half a mile away. Continue reading  News 16th August Body of man found at Pelhams Park in Bournemouth By Jim Durkin      7 Exhibit 30 Page 547 MENU

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Body of man found at Pelhams Park in Bournemouth POLICE sealed off a piece of land close to a popular children’s play area in Bournemouth after a body of a man was discovered. Continue reading  News 12th July Young boy, aged 12, charged with possession of knife following 'disturbance' at bus station By Jim Durkin      7 Exhibit 30 Page 548 MENU

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Young boy, aged 12, charged with possession of knife following 'disturbance' at bus station A TWELVE year old boy has been charged with assault and possession of a knife after police were called to an alleged disturbance at Poole Bus Station.

Continue reading  Beales reveals £3m loss – but boss praises "big achievement" of keeping sales steady 1 Man dies after he's found unconscious in Boscombe Chine Gardens with area cordoned off by police 7 Every set of roadworks currently causing problems for drivers in Bournemouth and Poole (as council says 'get a bus')  100 Claims dogs are being stolen from Tuckton and used as bait by 'gang in white Nissan van' are just rumours, police say GALLERY: Thousands take part in Bournemouth Marathon Festival    marathon and half-marathon   7  27 Exhibit 30 Page 549 MENU

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Bloodied man who staggered into Winton's KFC had been stabbed repeatedly with shattered wine bottle

GALLERY: 15,000 runners of all ages take part in Bournemouth Marathon Festival

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3,500 Bournemouth residents can register for Vodafone's extra-fast gigabit broadband

This is what's on offer in the Lidl and Aldi 'Aisle of Dreams' this week  73

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EXHIBIT 31

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REPORTING TO YOU

TECH

Elon Musk Hired A Convicted Felon To Investigate The Cave Rescuer Who Is Now Suing Him The Tesla CEO paid James Howard-Higgins more than $50,000 to look into a man he thought was a pedophile. Musk, however, failed to examine Howard-Higgins’ past.

By Ryan Mac and Mark Di Stefano Reporting From

London

Posted on October 3, 2019, at 3:55 p.m. ET

Jim Watson / AFP / Getty Images

31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 552

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When Elon Musk publicly called a British cave rescuer who had

insulted him a “pedo guy” last year, the billionaire entrepreneur had no evidence to back up his claims. And while he later apologized for the outburst, the Tesla Motors and SpaceX CEO went on to hire a private investigator to dig up dirt that might support his unsubstantiated accusation.

BuzzFeed News has found that the self-proclaimed private investigator whom Musk hired was a convicted felon and scammer.

Public records and interviews reveal that the man Musk contracted, James Howard-Higgins, stole money from his business partners and was sentenced to three years in prison for fraud. Past associates of the man described the Englishman to BuzzFeed News as a “Walter Mitty character” who repeatedly defrauded a company he cofounded despite disciplinary actions that were meant to keep him in check.

Recently released court documents from a defamation case in US federal court show that Musk retained Howard-Higgins after the selfproclaimed investigator cold-emailed him offering to “dig deep” into Vernon Unsworth, a British expat who played a key role in the rescue of a boys soccer team from a Thailand cave system in July 2018. Unsworth, who had criticized Musk’s efforts to involve himself in the cave rescue, is now suing the billionaire for publicly calling him a pedophile and “child rapist,” an allegation partly based on unsubstantiated information given to him by Howard-Higgins. Musk’s failure to effectively vet a private investigator he hired and his willingness to repeat serious and unfounded allegations against Unsworth are the latest in a series of public blunders for Tesla’s CEO, whose win-at-all-costs mentality has drawn him into a number of high-proﬁle ﬁghts with regulators, former employees, and shareholders. And it has renewed the concerns of institutional

31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 553

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investors, some of whom have sued to keep Musk from engaging in

reputationally damaging arguments on Twitter.

"If I’m sitting on that board, I’d say, 'Wow, does he take similar impulsive moves when he’s working on our company’s strategy?'" Public company executives should have “thicker skin,” said Columbia Business School adjunct professor William Klepper, noting that Musk has a ﬁduciary duty not to jeopardize billions of dollars of investment in his companies by acting like a “loose cannon.” “If I’m sitting on that board, I’d say, ‘Wow, does he take similar impulsive moves when he’s working on our company’s strategy?” he said.

Musk and members of his staff did not respond to multiple requests for comment.

With Musk facing a defamation suit from Unsworth, court documents prepared for his defense show that he and the head of his family ofﬁce explicitly retained Howard-Higgins to ﬁnd information that might support Musk’s claims that the cave rescuer was a pedophile. But these same documents also show that the billionaire entrepreneur’s staffers did little to vet the investigator, a 47-year-old man from Dorset in southwest England, who served 18 months of his three-year sentence in October 2016 for stealing more than £426,000 (about $525,000) from his company, Orchid Maritime Security Ltd.

As a cofounder of Orchid Maritime, a private maritime security company based in the English seaside town of Poole, Howard-Higgins worked on sales and marketing, according to former business associates. Those associates told BuzzFeed News they noticed large amounts of money missing from company accounts and suspected 31 Howard-Higgins was responsible.

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James Howard-Higgins Courtesy of Bournemouth CID

They were right. A local press report describing the incident noted that Howard-Higgins confessed to stealing around £260,000 ($320,000), though the company forgave their cofounder and absorbed the debt he’d accumulated.

Following that incident, Howard-Higgins opened a credit card for the business under another person’s name and began racking up debt again, according to the report. After Orchid Maritime busted and disciplined him a second time, Howard-Higgins began directing 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav company funds into a personal account.

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“James Howard-Higgins systematically stole from his business partner

over a sustained period of time despite being caught in the act and

given numerous second chances,” a detective constable wrote at the time of his arrest in 2016. “He selﬁshly abused his position of trust.” Charged with 14 counts of fraud, Howard-Higgins pleaded guilty to seven. He did not respond to multiple requests for comment. In a statement to BuzzFeed News, Mark Wood, another Orchid Maritime cofounder, likened his former business partner to Walter Mitty, a ﬁctional character known for indulging in fantastic daydreams about himself, and called him “manipulative, persuasive and coercive.” “The enormity of his deception and fraudulent actions within the business led me to call in the police,” he said.

“With a prison record it ought to be difﬁcult to continue in this same line of business,” Wood added. “Sadly it appears not to be the case."

“You May Want to Dig Deep” After being released from prison and barred from directorship of any UK-registered company for 10 years, Howard-Higgins revived an old venture he called Jupiter Military & Tactical Systems. There is no UK registration for the company, and sources close to Howard-Higgins described Jupiter as little more than an email account and a website. On July 17, 2018, the same day Musk had declared Unsworth a “pedo guy” for calling a mini submarine the billionaire contributed to the Thai cave rescue effort “a PR stunt,” Howard-Higgins reached out to the Tesla CEO from a Jupiter email address.

“You may want to dig deep into Mr. Unsworth[‘s] past to prepare for his defamation claim,” he wrote in a note that was forwarded toExhibit 31 Elon Musk Hired A Convicted Felon To Investigate The Cav Page 556 Musk’s personal assistant and then his chief of staff, Sam Teller.

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Omitting his full last name, Howard-Higgins identiﬁed himself as

James Howard, CEO of Jupiter Military & Tactical Systems. “No smoke without ﬁre!” he added.

James Howard-Higgins Provided to BuzzFeed News

In early August of that year, Musk received a legal threat from Lin Wood, an attorney representing Unsworth, notifying the billionaire that the cave rescuer had retained counsel and was preparing a libel suit. Shortly thereafter, around Aug. 15, Musk directed Jared Birchall, the head of his family ofﬁce, Excession LLC, to retain “James Howard” according to Birchall’s sworn declaration in the Unsworth defamation case.

Musk claims to have never directly spoken with the private 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 557 investigator. But in a deposition, he said he thought Howard-Higgins

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“appeared to be credible” based on information given to him by

Birchall, who was communicating with the investigator using the alias “James Brickhouse.” In emails sent by Howard-Higgins to Birchall, he claims to have spent 11 years in the UK special forces and two years with the United Kingdom’s security services with additional work for the likes of billionaires George Soros and Paul Allen. A representative for Soros found no evidence that Howard-Higgins

had done work for the ﬁnancier or his related companies. One former colleague said the only connection between Howard-Higgins and Soros was that his uncle had done “property work” for the Hungarian American billionaire. Vulcan Inc., the investment and philanthropy ofﬁce of the now-deceased Allen, did not respond to a request for comment.

Former colleagues disputed Howard-Higgins’ characterization of his military record. Mark Wood, his former business partner, said, “[Howard-Higgins] categorically never served in the police, military or any intelligence services.” The UK’s Home Ofﬁce did not respond to questions about Howard-Higgins.

According to a web archive from August 2018, Jupiter’s now-defunct website — which featured a black and white phoenix symbol used by several gamers and a London-based electronic music producer — said the company provided bespoke “Government Police and Military Training Solutions,” and listed a PO box in Doha, Qatar, and an address in Berkeley Square, an upmarket area of Mayfair in London. In reality, the UK address is used by one of Howard-Higgins’ former business associates, who told BuzzFeed News the location is the registered headquarters of his current company, and not linked to HowardHiggins.

It appears that Birchall and Musk were not aware of any of this. After 31 reviewing documents and Elon supposed past work provided by HowardMusk Hired A Convicted Felon To Exhibit Investigate The Cav Page 558

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Higgins, Birchall “believed Mr. Howard to be a capable and credible

investigator” and agreed to hire him for around $50,000. Meanwhile, Howard-Higgins was already feeding him unsubstantiated theories about Unsworth.

“The target is unlikely to have a history of offending in the UK as this would already have come to the surface but I think like others that his motivations for residing in Thailand may unearth some unsavoury practises and relationships,” Howard-Higgins wrote to Birchall.

Project Rowena The pair began regular contact on what they called “Project Rowena” — according to two sources, Howard-Higgins’ girlfriend is named Rowena. Birchall, posing as Brickhouse, would call or email HowardHiggins, and relay whatever information he was given back to Musk. In email correspondence detailed in the court documents, HowardHiggins’ made innuendo-laden claims about Unsworth and his associates, without providing any evidence to back them up.

"We aren’t looking to frame anyone" “Early feedback on the target is there is indeed an unpleasant undertone to some of his lifestyle choices,” he wrote in an Aug. 17, 2018, email to Birchall. “There is no question that the target 'associates' locally with Europeans who enjoy 'Thai comforts' that are not acceptable in a developed society.”

Birchall then followed with an email on Aug. 27, according to legal exhibits, asking for more explicit and exact details on Unsworth. Claiming that there were “planned attacks in the media and/or a lawsuit,” he sent a list of 14 speciﬁc questions asking for information about a possible divorce in the UK and whether Unsworth’s Thai 31 partner was “the 10th teenage heHired met A before he decided to Exhibit settle.” Elon girl Musk Convicted Felon To Investigate The Cav Page 559

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“With that said, we aren’t looking to frame anyone,” Birchall added.

Vernon Unsworth with his MBE following an investiture ceremony at Buckingham Palace on June 12 in London.

Wpa Pool / Getty Images

There is no evidence to suggest that Unsworth or his friends in Thailand behaved in the ways Howard-Higgins alleged. Birchall did not respond to an emailed request for comment. In his statement to the court, Birchall recalled that shortly after he retained Howard-Higgins, the investigator told him there was a Thai news article that claimed Unsworth’s Thai partner said she ﬁrst met him when she was 11 or 12. Birchall said he reported those details to Musk.

But court documents include no evidence of the Thai news clipping 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Howard-Higgins allegedly described to Birchall, and BuzzFeed News Page 560

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was unable to ﬁnd it. Moreover, two documents Howard-Higgins sent

to Birchall explicitly note that the investigator had not conﬁrmed the age of Unsworth’s partner. In an Aug. 27 email, for example, HowardHiggins color-codes her age as something he is “in the process of verifying.” “Mr Unsworth is 63 years old,” Howard wrote in a different, more formal report dated on Aug. 30, 2018 that was included in the defamation case’s ﬁlings. “His wife we believe is 30, (we will conﬁrm this in the next 48hrs) which would have put her at 18/19 when they ﬁrst met. The target would have been 52 yrs old at the time.” In September of last year, Unsworth’s longtime partner, Woranan Ratrawiphukkun, told BuzzFeed News she was actually 40. Lin Wood, Unsworth’s attorney, said in a statement to BuzzFeed News that the cave rescuer is not technically married to Woranan, but that he consider her his “partner and companion.”

"I have faith in what Jared was conveying to me was an accurate retelling of this guy."

It is not yet clear if Howard-Higgins ever managed to establish the true age of Unsworth’s partner. But it is obvious that the unsubstantiated, caveated claims he fed to Birchall made their way to Musk, who viewed it as proof of his allegations and eventually told a BuzzFeed News reporter over email that Unsworth was a “child rapist” who took a child bride. Attorneys for Musk and Unsworth have both requested testimony from BuzzFeed News.

“I have faith in what Jared was conveying to me was an accurate retelling of this guy,” Musk said in a deposition earlier this summer. In further questioning by Unsworth’s lawyers, the billionaire also made it clear he never veriﬁed the information before relaying it to a reporter.

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“I just — I’d just been informed of a bad fact pattern,” he said. “It

seems like if a journalist cares about ﬁnding what’s going on, they

should go ﬁnd out what’s going on. This is what I’ve been told. May or may not be true; please investigate.” Musk sent the email with supposed information about Unsworth to a BuzzFeed News reporter on Aug. 30, 2018.

“I suggest that you call people you know in Thailand, ﬁnd out what’s actually going on and stop defending child rapists, you fucking asshole,” he wrote. “He’s an old, single white guy from England who’s been traveling to or living in Thailand for 30 to 40 years, mostly Pattaya Beach, until moving to Chiang Rai for a child bride who was about 12 years old at the time.” Musk has since defended his behavior by claiming “pedo guy” is South African slang for a creepy guy (though that’s been disputed) and arguing that he went after Unsworth because he feared he might be another Jeffrey Epstein. BuzzFeed News and Vanity Fair have since reported that Musk had been to several events with Epstein following the ﬁnancier's 2008 guilty plea for soliciting prostitution from an underage girl, and visited his house “several years ago.” Unsworth’s lawyer said in a statement that the documents released thus far in the case only tell Musk’s side, and that cave rescuer’s response to the defense’s motion for a dismissal of the case will reveal much more about “the falsity of his public statements.” “Mr. Unsworth’s response will focus on the actual sworn testimony and documents developed in this case rather than the manufactured misrepresentations, half-truths, omissions and smear tactics presented by Musk in his motion,” Wood said. “In sum, Musk had no credible or veriﬁed information at any time that supported his false accusations that Mr. Unsworth was a pedophile, a child rapist who

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married a 12-year old child bride or lived for 30 years in Pattaya

Beach.”

Photos posted to James Howard-Higgins' girlfriend’s private Instagram account after Elon Musk was sued last fall show the Brit traveling through the Middle East, visiting Wimbledon, staying at resorts, and eating at steakhouses.

Provided to BuzzFeed News / Via Instagram

With their response to Musk’s motion to dismiss the case for summary judgment expected next week, Unsworth’s legal team has dug in, seeking depositions from current and former executives at the billionaire’s companies and close conﬁdants. Meanwhile, little has been heard from Howard-Higgins. In a statement, Wood said he has been unable to locate the British man for questioning. Photos posted to his girlfriend’s private Instagram account after Musk was sued last fall show Howard-Higgins traveling through the Middle East, visiting Wimbledon, staying at resorts, and eating at steakhouses. That lifestyle, however, seems to have come to an end.

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According to multiple sources, Howard-Higgins also recently violated

the terms of his parole. Musk's private investigator is back in jail serving the remainder of his three-year sentence.

Ryan Mac is a senior tech reporter for BuzzFeed News and is based in San Francisco. Contact Ryan Mac at ryan.mac@buzzfeed.com.

Got a confidential tip? Submit it here.

Mark Di Stefano is a media and politics correspondent for BuzzFeed News and is based in London.

Contact Mark Di Stefano at mark.distefano@buzzfeed.com.

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EXHIBIT 32

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From:

Sent:

To:

CC:

Subject:

Sam Teller [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP {FYDI BO HF 23SPDLT)/CN=RECI PIENTS/CN=3BBD889935194BES BF3603B89339F 2AE-SAM TELLER] 7/15/2018 10:34:11 AM Dave Arnold [dwarnold@tesla.com] Laura Hardy [lhardy@tesla.com]; Sarah O'Brien [sobrien@tesla.com] Re: Media Enquiry re: CEO Yeah On Jul 15, 2018, at 12:04 PM, Dave Arnold <dwarnold@tesla.com> wrote: We should definitely just ignore these inquires.

From: Laura Hardy <lhardy(o.ltesla.com> Sent: Sunday, July 15, 2018 10:03 AM To: Dave Arnold Cc: Sam Teller; Sarah O'Brien Subject: Re: Media Enquiry re: CEO Thanks both.

Follow up email with a question to understand their narrative - 'I'd like to ask for clarification on whether the CEO, Mr Musk is accusing Vernon Unsworth of being a paedophile.'

Sent from my iPhone On 15 Jul 2018, at 17:41, Dave Arnold <dwamold@tesla.com> wrote: We're getting multiple inquiries this morning. I'm ignoring.

From: Sam Teller <steller@tesla.com> Sent: Sunday, July 15, 2018 9:00 AM To: Laura Hardy Cc: Sarah O'Brien; Dave Arnold Subject: Re: Media Enquiry re: CEO Yeah, unfortunately I think we are just stuck not commenting today. Will let you know if I get anymore. On Jul 15, 2018, at 10:51 AM, Laura Hardy <!hardy@tesla.com> wrote: FYI this is getting picked up here. We got cut off (bad signal at Goodwood) and I haven't managed to get him back on the phone but assuming we are leaving it at the tweets• regardless of his questions. Let me know if you want me to send him anything. Thanks Laura Exhibit 32 Page 566 TESLA001455

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EXHIBIT 33

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From:

James Brickhouse Sent:

Tue 8/28/2018 9:48 AM (GMT-07:00) "Jupiter Private" <info@jupiter-private.com> To:

Cc:

Bee:

Subject:

Re: Target visit to 10 Downing Street Attachments: PastedGraphic-600001.tiff; image00200002.jpg; PastedGraphic-600003.tiff; image00200004.jpg

Ok, thank you for this information. We would like you to immediately move forward with 'leaking' this information to the UK press. Obviously must be done very carefully. The line of thinking at this point is as fo llows:

• • •

• •

Thailand is the world capital of pedophilia This man bas frequented Thailand since the 80's - eventually leading to his divorce to his wife in the UK.

While the guise of cave exploration is creative, there are amazing and extensive caving systems in many places throughout the world - not just in Thailand. Even the most ardent supporter of Thai food doesn't eat Thai food every day.

He eventually woman 30 years his minor - whom he met while she was a teenager.

He had been going to Thailand for decades before marrying her. She wasn't the first girl he met - and definitely not the first teenager he interacted with.

Share the facts and as you said, that should be enough for a story.

But we'd like to make this happen immediately.

On Tue, Aug 28, 2018 at 2:48 AM Jupiter Military & Tactical Systems < info@ jupiterprivate.com> wrote: Jim, Please see below the image of the Target's visit to IO Downing St. I have spoke to David, one of my EP Leads this morning w ho spent 20+ yrs in the Met Police & the last 10 yrs with the SO I Royal Protection Group and he reached out to former colleagues too confirm hat all visitors to the the PM' s office would go through ' DV" discreet vetting. Principally avoid any embarrassment to the UK Gov. I am certain that the Target would not have had an invitation extended if there was anything o n his UK record. At the event, also attended by the Thai Ambassador Mr Pisanu Suvanajata, Among those attending with their fami lies was John Volanthen, one of the British di vers who was part of the team which first discovered theboys. He was also one of the three divers who went out as the initial team and who helped place guides in the cave to assist others in navigation.

A lso at the event was Robert Harper, who was part of the team which pinpointed the boys' exact location, and Vernon U nsworth, who first alerted cave di vers in the UK to the situation in Thailand.

L~'"J

Exhibit 33 Page 569MUSK 000410

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Kind regards, James CEO - Qatar & UAE Jupiter Military & Tactical Systems Al Saad - Area 38 Street No. 893, Building No. 7 P .O. Box 22509 Doha State of Qatar +44 (0) 7917 401601 info@jupiter-private.com www.jupiter-private.com Jupiter Executive Protection 43 Berkeley Square Mayfair, London W1J 5FJ +44 (0) 7917 401601

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

Exhibit 33 Page 570MUSK 000411

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Exhibit 33 Page 571MUSK_000412

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Exhibit 33 Page 572 MUSK_000413

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Exhibit 33 Page 573MUSK_000414

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Exhibit 33 Page 574 MUSK_000415

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EXHIBIT 34

Exhibit 34 Page 575

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Subject: Fwd:

From: Dave Arnold <"/o=exchangelabs/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=29df0a7448f04984910ec59f5077bd85-dave arnold"> Date: Wed, 05 Sep 2018 16:40:27 -0700 To: Sam Teller <steller@tesla.com> I do think we should change his email address ...

From: Juleanna Glover <juleanna@ridgelywalsh.com> Sent: Wednesday, September 5, 2018 4:34 PM To: Dave Arnold; Sam Teller; Sarah O'Brien Subject: Fwd: Re:

RidgelyWalsh.com 202.288.2076

Begin forwarded message:

From: Elon Musk <erm@tesla.com> Date: September 5, 2018 at 4:45:17 PM EDT To: Juleanna Glover <juleanna@ridgelywalsh.com> Subject: Re:

Yup On Sep 5, 2018, at 1:06 PM, Juleanna Glover <juleanna@ridgelywalsh.com> wrote: The podcast can be very long (3 hrs for Tyson for ex) so pick a hard stop time. Joe doesn't interrupt much so he will let you roll (he is funny and he curses on air as no FCC rules for podcasts). Pls figure out what you want to say about the SEC matters? If you want to say more than is out there or not. Your attorneys should be in loop on what you plan to say.

I don't imagine Joe will push you on that but just be ready, so you don't make the investigation harder? Also pls pls pls pls if Thai diver comes up pls just say you think you have gotten into enough trouble on that already and are not going to say more?

Exhibit 34 Page 576

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From: ERM <erm@tesla.com> Date: Wednesday, September 5, 2018 at 3:49 PM To: Juleanna Glover <juleanna@ridgelywalsh.com> Subject: Re: Fwd:

No, it's because a lot of people I trust have recommended that I do this.

On Sep 5, 2018, at 4:40 AM, Juleanna Glover <juleanna@ridgelywalsh.com> wrote: Ok - Joe Rogan it is! Is it because deGrasse Tyson just did the podcast?

RidgelyWalsh.com 202.288.2076

On Sep 4, 2018, at 6:35 PM, Elon Musk <erm@tesla.com> wrote: Absolutely. Will have to change my email address.

On Sep 4, 2018, at 3:22 PM, Juleanna Glover <juleanna@ridgelywalsh.com> wrote: You need to ask your teams to do.this stuff. Where the facts merit, the stories will come out. It will often take longer than you want but if it can be done ethically and appropriately - it will get done.

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Reporters are now sharing your email address with each other so pls let us take the queries unless you know and deeply trust the writer. You will continue to get more notes trying to bait you.

RidgelyWalsh.com 202.288.2076

On Sep 4, 2018, at 6:14 PM, Elon Musk <erm@tesla.com> wrote:

Completely agree. I was told about a lot of bad things this guy did and was upset that no one cared to investigate, so responded in what I felt was off the record. In the past, Buzzfeed has respected emails prefaced with "off the record", but this time they did not. It was still one of the dumbest things I've ever done and this distraction couldn't come at a worse time.

On Sep 4, 2018, at 3:07 PM, Juleanna Glover <juleanna@ridgelywalsh.com> wrote: We may have to have you do something on the record again soon. We just need to kill this nonsense, speculation around your mental state. Will work with the team to come up with strategic options that present you at length - leading the companies, in charge, droll and self-aware. That in mind, in no universe is it OK for you to continue to contemplate the sexual predilections of a Thai driver who insulted you on TV. The facts will come out and you can revisit then.

RidgelyWalsh.com 202.288.2076

On Sep 4, 2018, at 5:54 PM, Elon Musk <erm@tesla.com> wrote:

Exhibit 34 Page 578

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Yes, this is extremely bad. I didn't expect Buzzfeed to publish an off the record email. My intent was to have them investigate and come to their own conclusions, not publish my email directly.

There is a lot of incriminating evidence about this guy if journalists just bloody well look. I was told that he spent ~30 years traveling several months each year to Thailand, including spending a large part of that time at known underage "sex hotels" in Pattaya Beach. There are no caves of note in the area and he had no business reason to be there.

Still, I'm a fucking idiot.

On Sep 4, 2018, at 2:43 PM, Juleanna Glover <juleanna@ridgelywalsh.com> wrote: You know all the below already. He is a serious guy who does impactful work on climate and it is killing him to see your impact diminished. You do have good people to handle all of these queries (though the Thai diver matter really should just be handled by counsel - forever or until discovery yields proof of illegality).

Twitter feed last 6 days though is®

RidgelyWalsh.com 202.288.2076

Exhibit 34 Page 579

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Begin forwarded message:

From: Jeff Nesbit <jeffnesbit@gmail.com> Date: September 4, 2018 at 5:21:17 PM EDT To: juleanna@ridgelywalsh.com Subject: What can I do to help?

I know I'm a broken record ... but why is he emailing with a news organization himself like this? He absolutely SHOULD NOT be doing this sort of direct media outreach himself. It clearly blew up in his face, for no good reason. Who on his staff can handle this for him? One or two more of these and I can guarantee that there will be a no confidence vote on the BOD led by the big institutional investors. And he will not survive such a vote, at least not in the public sphere. I will help you however you tell me to help.

https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations -buzzfeed-email Sent from my iPhone

Exhibit 34 Page 580

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EXHIBIT 35

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DAVIS WRIGHT TREMAINE LLP

THOMAS R. BURKE (CA State Bar No. 141930) thomasburke@dwt.com DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111 Telephone:

(415) 276-6500 Facsimile:

(415) 276-6599 THOMAS R. BURKE (CA State Bar No. 141930) thomasburke@dwt.com DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800ss San Francisco, California 94111 Telephone:

(415) 276-6500 Facsimile:

(415) 276-6599 KATHERINE M. BOLGER (pro hac vice forthcoming) katebolger@dwt.com JOHN M. BROWNING (pro hac vice forthcoming) johnbrowning@dwt.com KATHLEEN E. FARLEY (pro hac vice forthcoming) kathleenfarley@dwt.com DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor New York, New York 10020 Telephone: (212) 489-8230 Facsimile: (212) 489-8340 Attorneys for Non-Party Journalist Ryan Mac

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

VERNON UNSWORTH,

Plaintiff,

Case No. _________

vs.

ELON MUSK,

Defendant.

(C.D. Cal. No. 18-cv-08048-SVW-JC) DECLARATION OF RYAN MAC IN SUPPORT OF MOTION TO QUASH SUBPOENA ISSUED FROM A CIVIL CASE PENDING BEFORE THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA AND SERVED ON NON-PARTY JOURNALIST RYAN MAC Hearing Date: October 18, 2019 Hearing Time: 9:00 a.m.

DECL. OF RYAN MAC IN SUPPORT OF MOTION TO QUASH Case No.

Exhibit 35 Page 582

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of America:

I am a reporter for BuzzFeed News (“BuzzFeed”) and am based in BuzzFeed’s San

Francisco office. I make this declaration based on my personal knowledge and submit this

declaration, together with the exhibits annexed hereto, in support of the accompanying motion to

quash subpoenas (the “Subpoenas”) that were served on me by plaintiff Vernon Unsworth and

defendant Elon Musk in an action currently pending before the United States Court for the Central

District of California. Unsworth v. Musk, Case No. 18-cv-08048-SVW-JC (C.D. Cal.) (the

“Defamation Action”). I am not a party to the Defamation Action.

DAVIS WRIGHT TREMAINE LLP

I, RYAN MAC, declare under penalty of perjury pursuant to the laws of the United States

On June 21, 2018, BuzzFeed published an article that I wrote with two other

BuzzFeed reporters entitled “Elon Musk Has Always Been at War with the Media” (the “Musk at

War” Article), a true and correct copy of which is annexed hereto as Exhibit A.

On August 29, 2018, BuzzFeed published an article I wrote entitled “The Cave

Rescuer Elon Musk Called A ‘Pedo’ Has Lawyered Up And Is Preparing A Libel Claim” (the

“August 29 Article”), a true and correct copy of which is annexed hereto as Exhibit B.

On September 4, 2018, BuzzFeed published an article I wrote entitled “In a New

Email, Elon Musk Accused a Cave Rescuer of Being a ‘Child Rapist’ and Said He ‘Hopes’

There’s a Lawsuit (the “September 4 Article”), a true and correct copy of which is annexed hereto

as Exhibit C.

The September 4 Article republishes two emails that Musk sent me on August 30,

2019. As the September 4 Article reports, the first email was not “off the record” because

“BuzzFeed News did not agree to that condition of the correspondence” and the second email was

not “on background” because “BuzzFeed News again did not agree to those terms.”

I have never spoken with Musk (either in person or telephonically). Upon information

and belief, all of my written communications with Musk are available to Musk.

I declare under penalty of perjury under the laws of the United States of America that

the foregoing is true and correct. Executed this 12th day of September, 2019 at San Francisco,

California.

-1DECL. OF RYAN MAC IN SUPPORT OF MOTION TO QUASH

Case No.

Exhibit 35 Page 583

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DAVIS WRIGHT TREMAINE LLP

II -2D1'121.. OF MAC IN SUPPORT OP MOTION TO QUASH Casc No.

Exhibit 35 Page 584

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EXHIBIT A

Exhibit 35 Page 585

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Elon Musk Has Always Been At War With The Media Page 1 of 21

Tyler Comrie for BuzzFeed News

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Elon Musk Has Always Been At War With The Media Page 2 of 21

Caroline O'Donovan

Charlie Warzel

Ryan Mac

No one lectures Elon Musk. In April, the head of the National Transportation Safety Board discovered this after a call about his organization’s investigation into one of Tesla Motors’ autopiloted vehicles devolved into a heated exchange, leading the billionaire entrepreneur to hang up on the federal regulator. That fiery interaction eventually leaked to the press and ricocheted around the internet as further evidence that Musk was losing it.

As BuzzFeed News has learned, it wasn’t even the first time that Tesla’s CEO had gone off on a federal organization investigating one of his companies. Yet taken together with his other antics and problems of

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Elon Musk Has Always Been At War With The Media Page 3 of 21

2018, the shocking behavior was viewed by some pundits as a prime example of Musk cracking under pressure.

But the thing is: None of this is new for Musk. He has always been the architect of his own image and has long run roughshod over journalists and his own communications team alike. In interviews with BuzzFeed News, nine people who previously worked with Musk, and who requested anonymity to preserve their personal and professional relationships, said that while the level of scrutiny on the CEO may be new, his behavior is not. What we are seeing is less a crack in his well-being than his facade. It is Elon unbound.

In response to questions from BuzzFeed News, a Tesla spokesperson said, “This sounds like a very exciting story and we can’t wait to read it. Buzzfeed is the best!”

Undeniably, the pressure is on. Tesla, one of three companies the 46-year-old Musk runs, has been beset by problems. It is behind on production of its latest car, the Model 3; the short interest in its stock totals Exhibit 35 Page 588 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 4 of 21

more than $13 billion; and news outlets, including this one, have asked questions about its treatment of factory workers, lax safety measures, and Autopilot technology that doesn’t quite live up to its name. In reaction, Musk has gone on the offensive, lashing out in public at his perceived enemies — largely in the press. “The holier-than-thou hypocrisy of big media companies who lay claim to the truth, but publish only enough to sugarcoat the lie, is why the public no longer respects them,” Musk said on Twitter last month during a spat of bad press, which he dismissed as the merely the result of a bankrupt media ecosystem. “Problem is journos are under constant pressure to get max clicks & earn advertising dollars or get fired,” he tweeted.

During an earnings call, he told financial analysts their questions were “boring” and took questions from a YouTube personality instead. On Twitter, he has attacked journalists, accused his critics in the media of being in a Big Oil conspiracy, and threatened to start a public ranking of news organizations ironically named after a former Soviet Union propaganda publication. A tweet about union organizing at Tesla’s California car factory landed him in hot water with both a member of Congress and the National Labor Relations Board, while his rogue hang up on the NTSB in April led to the regulator removing the company from any involvement in the Exhibit 35 Page 589 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 5 of 21

investigation. More recently, he launched an investigation into alleged sabotage by a Tesla employee, who the company is now suing.

“As you know, there are a long list of organizations that want Tesla to die,” Musk wrote in an all-staff email, in which he announced an “in depth” investigation and implored employees to “be extremely vigilant” of “anything suspicious” in the workplace.

Combined, these events prompted speculation about whether or not the billionaire CEO was losing control and invited inevitable comparisons to another wealthy leader with a predawn Twitter habit. Musk has long raged in private at perceived enemies, especially in the media. His short temper and outbursts have long been legend inside Tesla and SpaceX headquarters, according to multiple current and former employees. “It doesn’t strike me as some drastic change in his personality,” said one former employee. “The people who are saying this is how he's always been are correct,” said another.

What’s changed is simply that Musk’s profile has risen while his staff’s ability to keep him in check has waned. As pressure continues to mount and Musk sheds the executives who once provided advice and insulation, he’s no longer just the Mars-bound genius

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Elon Musk Has Always Been At War With The Media Page 6 of 21

with a promising electric car company. Depending on who you ask, he’s an icon, an environmental champion, or an attention-hungry micromanager, wielding Steve Jobs–level influence in 280-character Twitter diatribes, occasional public appearances, or mocking conference calls with analysts. But no matter which Elon you choose, it’s become more apparent that there’s no one who can rein him in.

For example, in June 2016 the National Highway Traffic Safety Administration had contacted Tesla as a courtesy heads-up that it would be announcing an investigation into a May crash that killed the driver of a Model S sedan on Autopilot. It was the kind of call that, at most companies, would require executive restraint and sensitivity. Musk was not originally supposed to be on the call with NHTSA officials, Tesla’s general counsel, and the head of its Autopilot team, but chimed in as the conversation got underway. It was unfair that NHTSA was targeting his company, he said, noting that skeptics would just use the public investigation as evidence that Tesla was in trouble.

After failing to convince the government officials to keep their investigation private and forgo their announcement scheduled for the next day, Musk went ballistic and embarked on a profanity-laced tirade. He threatened to sue NHTSA for what he saw as unfair

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Elon Musk Has Always Been At War With The Media Page 7 of 21

scrutiny and then abruptly disconnected the phone, leaving the people left on the line shocked. “I couldn’t believe it,” said a former Tesla employee familiar with the call.

Joshua Lott / Getty Images

According to those who have worked closely with him, Musk’s recent public outbursts may have less to do with a desire to be a media critic and more to do with a long-standing business strategy, where he’s leveraged his popularity for press coverage for years. His moonshot ideas, unfiltered chatter with reporters, and direct engagement with customers have won him a legion of adoring fans.

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Elon Musk Has Always Been At War With The Media Page 8 of 21

“Historically, we have been able to generate significant media coverage of our company and our vehicles, and we believe we will continue to do so,” read one recent Tesla financial filing, alluding to its CEO’s cult of personality. “To date, for vehicle sales, media coverage and word of mouth have been the primary drivers of our sales leads and have helped us achieve sales without traditional advertising and at relatively low marketing costs.” Indeed, Musk has always paid close attention to coverage of himself and his companies. In the early days of Tesla, he bristled when media coverage shunned him in favor of then-CEO Martin Eberhard. Emails dating back to 2006 show that even then, as a successful two-time founder of online local directory startup Zip2 and online payments firm PayPal, he was conscious of his public perception. In one email, he told Tesla’s earlier PR team that he was “incredibly insulted” when a New York Times story about the company failed to mention him.

What rankles Musk the most, according to former communications employees, is anything he perceives to be inaccurate reporting — which is frequently a stand-in for any coverage that isn’t positive. Former Exhibit 35 Page 593 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 9 of 21

employees remember him being easily angered and “extraordinarily vindictive,” no matter how small the outlet or tempered the critique.

In 2009, he called a Times contributor “a huge douchebag and an idiot” in an interview for penning a piece that asked why taxpayer-backed federal loans should be used to help what was then a struggling car manufacturer. The following year, Musk wrote an essay, published in Business Insider and other outlets, comparing a reporter for VentureBeat to disgraced journalist Jayson Blair for writing about how his divorce could materially affect Tesla’s business and should have been disclosed in its initial public offering documents.

Yet as Musk’s celebrity grew he realized he no longer needed to go to news outlets to dispute negative stories. Musk has invested in building a relationship with his fans for years. He could take publications to task in company blog posts, sometimes directly drafting responses for Tesla or SpaceX himself, according to his communications staffers. Meanwhile, Twitter — where he started an account in 2009 — has become an ideal platform for activating his army of supporters. “He’s so well-known that anything he says is reported upon and analyzed,” said a person who’s worked with him.

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Elon Musk Has Always Been At War With The Media Page 10 of 21

In 2013, Musk tweeted that a Times review that said Tesla car batteries die faster in cold weather was “fake,” and published a detailed blog post refuting its points. A former employee (who didn’t work for Musk at the time) remembered thinking he had been “publicly very aggressive” toward the reporter, John Broder, and the Times, whose own public editor later found issues with the piece.

That same year, Musk also raged over news stories about Tesla car battery fires. From Musk’s perspective, former employees said, the number of Tesla battery fires was relatively minuscule in comparison to the total number of car fires per year, which number somewhere around 170,000. The perceived discrepancy in scrutiny “deeply frustrated” Musk, one former staffer said, and he focused that frustration on the media, much in the same way as he’s doing now. This pattern has continued over the last few years. In 2015, Musk called a Wall Street Journal story on employee churn at Tesla “asinine” during a press conference in Detroit. After a story about Tesla’s foray into China from Bloomberg News reporter Dana Hull, Tesla and SpaceX communications staff were instructed to ignore her calls and emails, according to multiple sources.

One former senior employee told BuzzFeed News that Musk would stew over articles that were “largely very

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Elon Musk Has Always Been At War With The Media Page 11 of 21

fair and balanced,” messaging reporters personally or enlisting communications representatives to fight for corrections. One editor at a major US-based media outlet described the behavior as “active and aggressive,” noting that Musk’s communications representatives reached out to the highest levels of the company’s editing and business structure to complain about coverage. (That editor did not want his publication to be identified, fearing that Musk’s companies would cut off contact.)

People familiar with Musk who spoke with BuzzFeed News didn’t see much of a difference between these blowups and Musk’s recent behavior. “Pravduh.com,” Musk’s hypothetical website for crowd-ranking journalism, simply “takes an ongoing fight with the press to a new level,” said one former staffer.

Mark Brake / Getty Images

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Elon Musk Has Always Been At War With The Media Page 12 of 21

This obsession with the media makes working in communications under Musk, whether at Tesla or SpaceX, an unpredictable and grueling gig. Multiple former staffers recalled being kept up late or woken up in the middle of the night because Musk was upset about a headline or an article. Two other former senior employees described Musk as notoriously thinskinned. “He'll read an obscure critical post by, like, some Belgian blogger at 3 in the morning and he'll wake up people on the comms team and demand this person be crushed,” one former employee said. “It's all utterly disproportionate in response.” “You don’t sleep very much when you’re in communications at Tesla, because you don’t know what’s going to happen,” said another former worker. While some CEOs expect their communications team to draft emails, write speeches, and proofread tweets, Musk’s style is totally off the cuff. People who worked with him described being afraid to contradict or correct him. Said one former employee, “My experience was is that he is his own chief communications officer.” Asked about Musk’s relationship with his communications team, a second

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Elon Musk Has Always Been At War With The Media Page 13 of 21

person who worked closely with Musk said, “What comms team? I think the comms team is just Elon.” Another former employee recalled one of Musk’s latenight Twitter excursions in January 2012 when, unbeknownst to anyone at the company, he hinted at a separation from then-partner Talulah Riley. Hannah Elliott, then a reporter for Forbes magazine, saw the tweet the next morning and messaged Musk, leading the Tesla CEO to call her and divulge more about his personal life without notifying his communications staff. After finding out later that day, Tesla’s PR team went into damage control mode, leading Musk to call Elliott back and ask that she not use some of the more personal details that he discussed during their conversation.

More recently, Musk has clashed with his PR staff over Tesla’s communication around its cars’ driverassistance feature, Autopilot. In May 2016, following coverage around the death of a driver in Florida whose vehicle was on Autopilot, Musk urged his team to fix the narrative with outlets honing in on the fact that that it was one of the first known automobile deaths of its kind. While he wanted his company’s response to focus on statistics — noting the seeming lower rate of fatalities on Autopilot — those internally urged Musk to be more compassionate to customers, particularly the victim.

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Elon Musk Has Always Been At War With The Media Page 14 of 21

Ultimately, Musk won out. In a blog post titled “A Tragic Loss” on June 30, the company detailed how the first known fatality on Autopilot took 130 million miles compared to an average 94 million per US driving fatality, before noting in the last paragraph that “the customer who died in this crash had a loving family and we are beyond saddened by their loss.” Musk also began defensively tweeting about Autopilot that July, focusing on the numbers and sharing examples of how Autopilot may have saved a life, while a second company blog post, cutely titled “Misfortune,” attempted to shoot holes in a story by Fortune magazine. “It felt like a cover-our- ass moment, rather than a moment to show we care about our customers,” said one former employee. “Elon is an engineer and that’s how he views the world,” that person continued. “But sometimes he lacks that compassion and empathy.”

The lack of control and continual need to put out PR fires wore on professionals, even those who personally liked Musk and believed in the missions of Tesla and Exhibit 35 Page 599 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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SpaceX. Tesla is known for a high rate of turnover, and some communications staffers only last a few months. Some have done multiple stints, though have left or were fired after clashing with the chief executive. Three people familiar with Musk’s communications team independently compared the pressure and publicity, and chaos of the job to working in President Donald Trump’s White House.

Despite the outbursts and late-night tweets, there's a sense, even among some employees who've departed the company, that Musk and his companies are engaged in a noble effort to push the boundaries of science and technology. One former employee likened him to “a martyr” for the cause of "leaving the world a better place." In many cases, former employees suggest that they've overlooked and excused erratic behavior, dismissing it as a side effect of the stress of the enormous tasks at hand.

"Inaccuracies eat at him obsessively," a former employee said, noting that when he berated reporters, government officials, and analysts, it's because "he's frustrated by those who waste his time with things they should know." Even employee firings and Musk's penchant for distancing himself from employees are rationalized. "I would never say he has this controlling desire to do all the things, a former employee said. "He frankly just loses confidence that others can do it.

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And hey, who is to blame him? He's the smartest guy in the room."

“People are both proud to be there and also well aware that this is a CEO who is extraordinarily difficult to work with,” said a person who worked for Musk. “Very few work for Elon and imagine they'll work there long-term.”

Vcg / Getty Images

Musk no longer has to worry that press coverage will focus on other employees; after years in the spotlight, he is now inseparable from any story about his companies — good or bad. So strong is his tie to the brand that new employees at Tesla’s automotive factories and sales division play quiz games during Exhibit 35 Page 601 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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orientation where they can earn prizes for knowing personal facts about the CEO, like where he went to school.

Yet this asset is poised to become a liability for Musk, especially as his companies mature and pressure rises. Some who’ve worked with him see his recent online behavior as a defensive attempt to rally his fans around him at a moment of increased scrutiny. “His focus is increasingly on the group that’s bought into his vision already,” a former senior employee said. “It’s just like how Trump throws red meat to the base at his rallies. If you go on Reddit every time Elon reams out a journalist, they love it and they cheer him on.” Another former employee said that there have been internal pushes to shift Tesla’s messaging to make it more about the brand than its billionaire founder, something that even Musk initially seemed willing to try following a string of escalating encounters around car battery fires and Tesla’s battery factory. But implementing that was difficult, they said. Musk rarely lets the communications department highlight other executives at the company in positive media stories about Tesla, while the public has become accustomed to seeing and hearing every announcement about the company from the chief himself.

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Instead, Musk appears to be doubling down on himself. Three former senior employees said Musk has a habit of pushing out employees who disagree with him, and that policy has left him critically isolated during a crucial period for Tesla. In the last year, the company has been shorn of its head of global sales, vice president of finance, and head of Autopilot. Doug Field, the engineering executive who was overseeing the production of the Model 3, stepped aside so that Musk could take over. “If you said no, you're out,” one person who worked closely with Musk told BuzzFeed News. “He'd find someone who said yes." (A fourth former employee disputed this, but still noted that he’ll push hard to get his way.)

Afp / AFP / Getty Images

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In the weeks since he blew up at analysts on an earnings call, Musk has tempered slightly. During a June 5 shareholder meeting, he said on stage that his CFO, Deepak Ahuja, and general counsel, Todd Maron, told him, “You have to watch what words you use in these situations,” and implied that he’s trying to change his ways.

Even former staffers who spoke admirably about Musk suggested that — despite running three companies and ambitions to save the planet and explore others — his greatest shortcoming as a leader is his inability to withstand criticism. “He’s brilliant but his greatest weakness is that defensiveness and an obsessive need to correct the record, rather than just bite the bullet.”

“Consider Tim Cook or Zuckerberg,” another former employee said. “There are hundreds of websites and stories dedicated to making fun of or criticizing them. They hardly lose sleep over it. But Elon’s different.” And it is precisely that weakness, according to some who’ve worked with him, that is now showing. “He's getting in his own way more now,” the former employee noted.

Today, the drawbacks of linking a corporate brand so inextricably to an executive are being thrown into

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sharp relief. During a crisis, for example, there’s no one else from the executive bench who’s expected to step up and take the blame, said a former staffer. “With layoffs and profitability being bad, people will focus more and more on his personality,” this person said. “That's the issue of being CEO-centric.” This former senior employee expressed frustration watching Musk from afar. “He’s picking nonsense fights with reporters who should be natural allies — who’re actually excited about what he’s doing,” they told BuzzFeed News. “He’s alienating those who could be out advocating for him and the coverage about Elon has fully become about the coverage and not what he’s building.” Other employees felt the same way about the doubleedged sword that is having Elon Musk for a boss. “It’s the reason it’s great, and it’s also a risk,” said one. “It’s the same with any company that’s so strongly identified with any one individual. If you talk to any risk management expert, they’ll tell you that’s a risk. But that’s the way the company’s run, so that’s the way it is: Elon is the company, and the company is Elon.” ●

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Joshua Lott / Getty Images

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EXHIBIT B

Exhibit 35 Page 607

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Ryan Mac

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David Paul Morris, Getty Images

A British man, who Elon Musk called a “pedo” on Twitter, has retained legal counsel and is “preparing a civil complaint for libel” against the Tesla CEO, according to a letter viewed by BuzzFeed News. The letter appears to contradict a claim Musk made on Twitter on Tuesday that he had yet to see any legal repercussions from his allegations, and deepens the problems for the already embattled technology billionaire.

A lawyer for Vernon Unsworth, a UK citizen who was instrumental in the rescue of 12 children trapped in a cave in Thailand, sent Musk a letter earlier this month notifying him of a possible lawsuit, after the Tesla chief’s outburst against his client in July. Musk previously made the allegations against Unsworth without any evidence, before issuing an apology and deleting the offending tweets.

On Tuesday, the Tesla and SpaceX founder reignited the controversy on the social network by suggesting that Unsworth’s lack of legal action against him constituted something suspicious and that his original allegation of pedophilia should be investigated. BuzzFeed News, however, confirmed that Unsworth retained legal representation and sent

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Musk a letter dated Aug. 6 detailing a possible lawsuit for the “false and defamatory statements.” “You published through three different tweets to your twenty-two million followers that Mr. Unsworth engages in the sexual exploitation of Thai children, and you did so at a time when he was working to save the lives of twelve Thai children,” writes Unsworth’s lawyer L. Lin Wood, an Atlanta-based defamation expert. “You did so without any basis. According to a subsequent Twitter post, you did so out of anger.” The possible lawsuit highlights the dangers that Musk could face for his increasingly erratic behavior on Twitter, which has landed him in hot water on multiple occasions in 2018. Earlier this month, Musk unexpectedly tweeted that he was exploring the possibility of taking Tesla private and that he had “funding secured” to do so, igniting a public market frenzy. The bid ultimately went nowhere, and the Securities and Exchange Commission is now reportedly investigating Musk and Tesla over the bizarre sequence of events.

When contacted over email by BuzzFeed News, Musk did not address the legal letter he received. “Have you actually done any research at all?” he wrote. “For example, you incorrectly state that he is a

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diver, which shows that you know essentially nothing and have not even bothered to research basic facts.” BuzzFeed News confirmed with a source familiar with Unsworth that the cave rescuer has diving experience and maintains all the necessary diving equipment.

A copy of the letter sent to Musk’s Los Angeles home from L. Lin Wood, a lawyer representing British diver and cave rescuer Vernon Unsworth.

L. Lin Wood

A Tesla spokesperson did not immediately respond to a request for comment. A representative for Wood

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also did not immediately respond to a request for comment.

Unsworth did not respond to BuzzFeed News’ request for comment. Reached by Sky News on Wednesday, he told the British news outlet “it’s all being dealt with, that’s all I can say.” Musk’s spat with Unsworth began last month, after the British diver and spelunker dismissed Musk’s attempt to build a submarine to rescue Thai boys trapped in an underwater cave as a publicity stunt in an interview. Following that, Musk took to Twitter to suggest that Unsworth was in Thailand to engage in the sexual exploitation of minors and then directly called him a “pedo guy.” In a third tweet, he told another Twitter user that he’d “bet a signed dollar it’s true.” All three of those tweets were eventually deleted, with Musk tweeting out an apology in July stating “his actions against me do not justify my actions against him.” In interviews with other outlets, Unsworth was not clear if he would pursue action against Musk. His lawyer’s letter from earlier this month is the clearest indication that he is seriously considering a lawsuit if Musk does not move to “see the public record corrected.”

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It’s unclear if Musk has seen the letter, which was sent to his Los Angeles home, but on Tuesday he wrote in an argument with another Twitter user that it was odd that Unsworth had not sued him yet, suggesting that the British man would have done so if there was an allegation worthing pursuing.

“You don’t think it’s strange he hasn’t sued me?” he wrote. “He was offered free legal services.” “Did you investigate at all?” Musk continued in another tweet, asking the other Twitter user if he’d taken the time to investigate the previous, groundless allegations that he had made against Unsworth. “I’m guessing answer is no. Why?”

The story has been updated with a comment from Tesla CEO Elon Musk.

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EXHIBIT C

Exhibit 35 Page 614

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Ryan Mac

Mark Di Stefano

John Paczkowski

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British caver Vernon Unsworth at the Tham Luang cave complex during a search for members of a soccer team and their coach in Thailand in June. Soe Zeya Tun / Reuters

Tesla CEO Elon Musk has renewed his attacks against a British man who played a key role in the rescue of a youth soccer team trapped in a flooded cave in Thailand.

Musk last month apologized for accusing Vernon Unsworth of pedophilia after the diver questioned the value of Musk’s contribution to the rescue, a small submarine that ultimately went unused. But in a series of emails to BuzzFeed News, Musk repeated his original attacks on Unsworth — and made new and specific claims, lambasting the rescuer as a “child rapist” who had moved to the Southeast Asian country to take a child bride. Unsworth denied Musk's accusations through his attorney.

Though Musk prefaced one email with “off the record,” BuzzFeed News did not agree to that condition of the correspondence. (Per common Exhibit 35 Page 616 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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journalistic practice, a conversation is off the record only if both parties agree to the terms. ) BuzzFeed News first emailed Musk last Wednesday to ask for comment regarding a legal threat made by Unsworth’s lawyer in August after the Tesla CEO renewed his apparently evidenceless criticism of the rescuer in a Twitter argument the day before. Musk responded without addressing the substance of the legal threat. BuzzFeed News followed up twice, once on Wednesday and once on Thursday, and Musk responded with two separate emails.

“I suggest that you call people you know in Thailand, find out what’s actually going on and stop defending child rapists, you fucking asshole,” Musk wrote in the first message. “He’s an old, single white guy from England who’s been traveling to or living in Thailand for 30 to 40 years, mostly Pattaya Beach, until moving to Chiang Rai for a child bride who was about 12 years old at the time.” Exhibit 35 Page 617 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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“As for this alleged threat of a lawsuit, which magically appeared when I raised the issue (nothing was sent or raised beforehand), I fucking hope he sues me,” he added.

It is unclear why Musk believes the allegations against Unsworth or what evidence he has to support them. Musk did not provide proof of his claims to BuzzFeed News, and BuzzFeed News could not verify any of the claims after reporting on Unsworth’s background.

BuzzFeed News

The Tesla CEO’s continued campaign against Unsworth offers a glimpse into the new ability of some of the world’s wealthiest and most powerful figures to directly attack private citizens who cross them — and will test the capacity of traditional legal tools against them.

“Elon Musk can tweet his vindictive and vicious lie about Mr. Unsworth a hundred times and it will still be a lie,” Unsworth’s lawyer, L. Lin Wood, wrote in a Exhibit 35 Page 618 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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statement. “After deleting the initial accusation and tweeting an apology, Mr Musk has continued to republish his false and unsupportable accusation. His conduct demonstrates that his recklessness is intentional and designed to harm Mr. Unsworth.” A spokesperson for Tesla did not immediately return a request for comment on Musk's newest allegations, and referred to a previous statement issued by the board in response to a question about its support for the company's CEO.

The feud began in July when Musk tweeted that Unsworth was “a pedo guy” after the rescuer called the billionaire’s attempt to use a custom-designed submarine in the rescue effort a “publicity stunt.” Musk later apologized and deleted this tweets, but revisited the claim last week in an argument on Twitter, asking why Unsworth hadn’t sued yet if the accusations were indeed untrue. BuzzFeed News then reported that Wood had actually sent Musk a letter warning of a possible defamation suit in early August. Musk’s renewed attacks on Unsworth come after a series of erratic public gestures, notably a widely publicized suggestion that he would take Tesla private and the narration of his home life by the rapper Azealia Banks. And the new accusations leveled at Unsworth threaten to undermine a recent charm offensive intended to frame the CEO’s erratic

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behavior as the actions of an overworked luminary struggling to maintain his world-changing businesses. It’s been a particularly difficult summer for the billionaire, marked by Tesla’s missed production goals, clashes with reporters, and his failed attempt to take his car company private.

Despite that, Musk still managed to maintain a dispute with Unsworth, a 63-year-old cave explorer and diver, whom he has now accused of taking a child bride.

BuzzFeed News could find no evidence to support that claim, and Musk did not provide any documentation to support his accusations. Publicly available legal documents do nothing to support Musk’s claims: BuzzFeed News could not immediately locate any criminal records for Unsworth in the UK.

Separately, a Thai immigration official named Ploy Pailin told BuzzFeed News that an individual on a visa would likely not have it renewed if they had been found guilty of criminal activity in the country. Pailin also said that while foreigners applying for visas in Thailand do not undergo mandatory background checks, those who are found guilty of serious crimes are often blacklisted by the government and can be removed from the country.

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BuzzFeed News

BuzzFeed News also spoke with Woranan Ratrawiphukkun, a Thai woman who is Unsworth’s longtime girlfriend. She said she had been with Unsworth for more than seven years and has posted numerous photos about their relationship on social media dating back several years. Unsworth, she added, spends part of the year in Thailand and part of the time in the UK.

Ratrawiphukkun, who said she is 40, declined to comment on Musk’s allegations against Unsworth, and referred a reporter to his lawyers.

Among Musk’s other claims about Unsworth is that he was not part of the actual dive team in the Thailand cave rescue. While Unsworth did not dive for the mission, media reports and other people who were part of the rescue cited the Brit as instrumental to the effort, as he had previously mapped and explored

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some of the cave system and recruited some of the divers who went into the cave.

“He may claim to know how to cave dive, but he wasn’t on the cave dive rescue team and most of the actual dive team refused to hang out with him,” Musk wrote in one email. In another email in which Musk wrote “on background” — BuzzFeed News again did not agree to these terms — the Tesla CEO said, “Never saw Unsworth at any point. Was told he was banned from the site.” A British diver on the rescue mission who had previously been in contact with Musk, Rick Stanton, denied those claims.

“I've no idea what gave you those concerns about Vern,” Stanton wrote over Facebook Messenger. “They are completely unfounded. He was never kicked off site by anyone and worked continuously on the rescue for the full duration. He was pivotal to the entire operation.” Two Australian specialists who were brought in by the Thai government to aid the Thai cave rescue operation, Richard Harris and Craig Challen, also rejected Musk’s allegation.

“Vern seemed like an excellent guy and absolutely vital to the mission,” said Harris, who, with Challen,

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helped in the sedation of the Thai boys before they were brought out of the cave by the British divers. “You must be confusing him with someone else.” “He was pivotal with his knowledge of the cave. [The] rescue wouldn’t have happened without him recommending the Brits were called,” Harris said. Photos and videos posted on Facebook by Woranan and members of the local Thai news media show Unsworth at the site through the duration of the operation, which lasted more than two weeks in the country’s Chiang Rai province. Some of those photos show Unsworth posing with other British members involved with the rescue.

In his second email to BuzzFeed News, Musk commented on Unsworth’s interview with CNN. “Unsworth also said I was asked to leave by the Thai govt, which is utterly false. Thai Prime Minister thanked me personally per attached docs. I went all the way to area 3 with the Thai SEAL team, who were awesome.” Unsworth did say that Musk was asked to leave the cave in the interview, but did not specify who had asked him.

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Musk also supplied a letter to BuzzFeed News from the Thai prime minister thanking him for his team’s involvement in the rescue. “I wish to convey my deep appreciation to you and your engineering team for your expeditious and extraordinary efforts in constructing the Space-X mini-submarine 'Wild Boar' to assist the rescue operation of the Moo Pa Academy Football team trapped in Tham Luang Cave, Chiang Rai province,” wrote General Prayut Chan-o-cha.

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Elon Musk provided to BuzzFeed News

In addition, Musk claimed that the mini-sub, which ultimately was not used in the rescue, was built to Stanton’s specifications, and that it was not deployed only because too much water had been drained from the cave. Stanton, however, denied that was the reason, and said he did not recall providing exact specifications to Musk.

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“We didn't use the tube because rescue operations were already well underway and it didn't have the necessary life support systems,” Stanton said to BuzzFeed News on Facebook Messenger. “Essentially, it wasn't developed enough. I do think it has promise in certain situations and I hope they keep working on it to get it in shape for evaluation and to be considered as a viable alternative in future underwater rescue scenarios.” In another claim, Musk noted that “the alleged threat of a lawsuit” from Unsworth “magically appeared when I raised the issue” on Twitter last week and that nothing had been sent prior to his outburst. L. Lin Wood, Unsworth’s lawyer, provided BuzzFeed News with confirmation showing that he had sent a note titled “Fwd: Defamation of Vernon Unsworth” containing the legal letter to the appropriate email address for Musk’s office at SpaceX on Aug. 6. BuzzFeed News corresponded with the Tesla and SpaceX CEO at a separate, personal email address that two sources confirmed belonged to Musk. One source, who had previously worked for Musk, noted that the email address can be accessed by the billionaire and his assistants. The source noted that it was not uncommon for Musk to personally respond to reporters and other people through that account.

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Wood did not respond to questions asking him to more specifically address each of Musk’s accusations, but suggested that he was moving closer to legal action.

“Today the rich and powerful seem all too ready to tweet falsities in the hope and expectation that their wealth and position will protect them,” he wrote in a statement. “Pedophilia is too serious an issue to leave unchallenged. If Mr. Musk believes his wealth affords him protection from his lies and Twibels, he is sadly mistaken.” Here are the emails Elon Musk sent to BuzzFeed News reporter Ryan Mac From: Elon Musk < redacted > Date: Thu, Aug 30, 2018 at 6:43 PM Subject: RE: BuzzFeed News: Unsworth legal letter To: "ryan.mac@buzzfeed.com" Off the record I suggest that you call people you know in Thailand, find out what’s actually going on and stop defending child rapists, you fucking asshole. He’s an old, single white guy from England who’s been traveling to or living in Thailand for 30 to 40 years, mostly Pattaya Exhibit 35 Page 627 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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Beach, until moving to Chiang Rai for a child bride who was about 12 years old at the time. There’s only one reason people go to Pattaya Beach. It isn’t where you’d go for caves, but it is where you’d go for something else. Chiang Rai is renowned for child sex-trafficking. He may claim to know how to cave dive, but he wasn’t on the cave dive rescue team and most of the actual dive team refused to hang out with him. I wonder why ...

https://www.google.com/search?

q=chiang+rai+child+trafficking&ie=UTF-8&oe=UTF-8&hl=enus&client=safari As for this alleged threat of a lawsuit, which magically appeared when I raised the issue (nothing was sent or raised beforehand), I fucking hope he sues me.

*** From: Elon Musk < redacted > Date: Thu, Aug 30, 2018 at 7:16 PM Subject: Fwd: Letters To: "ryan.mac@buzzfeed.com" On background Unsworth also said I was asked to leave by the Thai govt, which is utterly false. Thai Prime Exhibit 35 Page 628 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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Minister thanked me personally per attached docs. I went all the way to area 3 with the Thai SEAL team, who were awesome. Never saw Unsworth at any point. Was told he was banned from the site.

It is also total bs that the mini-sub wouldn’t fit through the caves. It was designed and built to specifications provided to me directly by Stanton and the actual dive team. The only reason it wasn’t used was that they were able to drain almost all the water out of the caves, so the underwater portion was very short, and the monsoon arrived later than expected. Those pumps were critical. Some of the Tesla team helped with electrical power, but major credit to whoever provided those pumps. They were amazing. I’m told they were from some company in India.

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EXHIBIT 36

Exhibit 36 Page 631

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From:

Erica Chen [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP Sent:

{FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=F37D6BAB915D4703A7F37A979FB707E9-ERICA CHEN ] 7/16/2018 4:31:12 PM To:

Subject:

DL-USComms [dl-uscomms@tesla.com] Re: Coverage on E's tweet Associated Press reports Elon "has fought back, often around the clock on Twitter," but he "may have gone one tweet too far." Jalopnik wonders, "How can someone be so accomplished, so successful, so adored by so many people and yet still be so wildly, uncontrollably insecure that any amount of entirely reasonable criticism triggers a response like this?" Representatives of T. Rowe Price, Fidelity Investments and Baillie Gifford - Tesla's three largest shareholders, behind Musk himself - declined to comment. Gene Munster said the tweets raised questions about Elon's distractibility and "maturity," adding, "This crossed a line, and it needs to stop." Gordon Johnson, the managing director of investment research firm Vertical Group, said, "This thing is unraveling," adding, "You had a very big shareholder last week say they want him to focus on executing and stop with the tweets - and then, this weekend, you get more tweets. What's his angle? What is he doing? ... He keeps promising all of these things, and he keeps missing, and he's not being held to task."

AP also mentions, "For the first four months of the year, Musk was averaging around 100 tweets per month. But the tweets spiked to about 400 per month starting in May as Musk was under pressure to raise production of the Model 3." R,an M~c~ tlf1f~A~~\·1-tj -, Jh Thit'\{~ Ek.in l\>kIB-1-t ha, d,~ in ti'iB' kmt mwtth ;;irtoa w~ pt,bl.ishs't\1 lhis story; -Accused a fu"'P{)ttw of "dk.cting wui'i s,"l01t £$iteffl -0$f,$idad his -d:{)naii~~ 1~ GOP ~tlct:ff~s -C-a1oo .,. rn~e ,:tiver a ~k>--priiie emn Mlfflk Has Nwfl'i'S ·Seim At War~ nm Mooia Soma say Mw..k's p&rarlOO'! and ~nlgi'rt Tuti!ter rartis ~ a bll!km.alre crrut~ng ·!.l!lOOr proswr~. Bi:rt tnooe woo ·know him best ff/ ttlls is notl'lirt« ~ood .oom Associated Press, Elon Musk's Social Media Conduct May Be Bad for His Business Bloomberg TV, Musk's Twitter Controversy The Washington Post, Elon Musk's ''pedo" attack rattles Tesla investors: "This thing is u nraveling"_ MarketWatch, Tesla shares, at lowest l n six ·weeks, fall further in late trading Business Insider, Tesla slides after an eventful weekend for Elon Musk Fast Company, Elon Musk ;:iccuses Thai cave rescue diver of being a pedophile SF Chronicle, Uon Musk's "pedo guy" cave tweet could hurt Tesla The Mercury News, Has Elon Musk 1wne too far with tweet about Thai cave rescue diver?

Exhibit 36 Page 632 TESLA000269

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Jalopnik, Now We Know For Sure: Elon Sucks Uke All These Jackasses Suck The Daily Beast, Ekm Musk Joins the Fringe Right in CaHing Hb Foe a 'Pedo' Futurism, Electric C:irs Ar0. Too Important For Elon Musk to Put at Risk

From: Erica Chen <echen@tesla.com> Date: Monday, July 16, 2018 at 1:19 PM

To: DL-USComms <DL-USComms@tesla.com> Subject: Re: Coverage on E's tweet Media continue to cover E's tweet, with some stories mentioning that the "outburst" comes "just a week after he said in a Bloomberg interview that he would try to be less combative on Twitter." Reuters notes that a number of investors and analysts believe his comments are adding to their concerns that he's distracted from Tesla's main business. James Anderson of Baillie Gifford called the events "a regrettable instance" and said he had reiterated to Tesla the need for "peace and execution" of its core business. GQ comments, "If Musk can't have the credit, he'll make damn sure the other guy doesn't get it, either," while Mashable suggests, "Here's an easy PR strategy: Never tweet. It's not worth it." In an opinion piece, Reuters says "firing him for his 'pedo guy' tweet could precipitate a crisis of confidence among investors. Unlike the eventual ouster of Travis Kalanick at privately held Uber, for a capital-hungry public company that might prove terminal. Directors could consider stripping him of either the chairman or chief executive title. Or they could dock his compensation." The piece adds, "At the very least the board should require him to apologize and perhaps swear off Twitter. To do nothing would send a worrying message: that directors are unwilling or unable to rein in Musk's more troubling traits."

KBB analyst Rebecca Lindland believes his comments could hurt sales and ultimately anger investors. "When you're looking to expand the appeal of your product beyond innovators themselves, beyond early adopters ... you've got to be careful," she said, "You've got to start acting like a CEO."

Reuters, Tesla shares faH 3.5 percent after CEO Musk abuses British diver Reuters BreakingViews, Ube! risk Financial Times, Tearnwork in Thailand triumphs over solo ego.. [full text below] NY Daily News, Uon Musk tries to help, but does not alwavs succeed CNN, Will Elon Musk's antics hurt his businesses'?

CNN, Elon Musk makes unfounded accusation against Thal cave rescuer Fortune, Elon Musk Spins Out of Control The Onion, Elon Musk Insists He'd Be Much More Innovative Pedophile Than Thailand Rescue Worker Business Insider, Elon Musk is at the center of an astonishing number of bizarre news stories and public feuds - here are all of the Tesla CEO's unusual recent moments in the spotlight Forbes, Will The Re<JI Elon Musk Please Stand Up GQ. Elon Musk Suddenly Incapable of Not Looking Like an Ass in Public Ars Technica, Elon Musk could face lawsuit for calling cave rescuer a ''pedo guy" Mashable, British rescuer threatens to sue Elon Musk followin~. '..P..~.tj.Q..mn' tweet The Huffington Post, Elon Musk Lashes Out At Thai Cave Rescuer, Base!essly Calls Him A 'Pedo Guy' MarketWatch, Tesla shares at worst in six weeks, at bottom of Nasdaq 100 TheStreet, Should Tesla ActuaHy Fire E!on Musk?

The Motley Fool, Why Shares of Tesla Rose 10% in the First Half of 2018 Newsweek, JUSTlNE MUSK'S ESSAY ON MARRIAGE TO ELON RESURFACES AMID 'PEDO' TWEET CONTROVERSY Inc, Does Elon Musk Need a Vacation?

Inc, Uon Musk Proves Once And For All: Don't Tweet Tired The Guardian, The Guardian view on Elon ?v1usk: a bil!ionaire in need of hurni!ity The Guardian, Ekm Musk calls British diver in Thai c;:1ve rescue 'pedo' in baseless attack

Exhibit 36 Page 633 TESLA000270

Page 96

Financial Times, Teamwork in Thailand triumphs over solo ego Elon Musk plays an understudy role in underwater cave rescue

In a year dominated by geopolitical gloom, there has been one unabashed moment of celebration. The rescue of 12 Thai boys and their football coach from a deep underwater cave was a global triumph. It was an act of engineering and strategic brilliance. The international divers acted selflessly in lethal circumstances where success was by no means guaranteed. Leaders and citizens across the world have lauded their achievement.

Nearly everyone, that is, except Elon Musk. The tech entrepreneur and chief executive of Tesla inserted himself into the crisis by offering a "mini-submarine" he had constructed to save the children. The experts deemed his solution inappropriate. Vern Unsworth, one of the British divers behind the rescue, decried Mr Musk's efforts as a "PR stunt" that had "absolutely no chance of working". Despite his billions and an army of 22m Twitter followers, Mr Musk was overruled by the experts.

He did not take well to being told to go away. Over the weekend, Mr Musk tweeted that Mr Unsworth (who is threatening to sue for libel in return) was a "pedo guy" and pledged to take his pod to the cave anyway to prove he was right. His desire to come out on top of this argument speaks to the feral instincts of his natural Silicon Valley home, where the winner frequently takes all. In technology, human lives tend not to be directly at stake. Such an emergency calls for imagination, flexibility and timeliness - not grandstanding and the worst of tech's "move fast and break things" ethos.

By defaming Mr Unsworth, widely celebrated as a hero, Mr Musk has revealed a less appealing side to his character that should not escape the attention of investors. Such personal insults suggest he had at least one eye on enhancing his own reputation through this crisis.

This dispute represents two different worlds colliding. The rescue operation was a team effort; the divers who rescued the boys brought expertise from Australia, Scandinavia, Belgium and the US. They worked tirelessly together towards a common goal.

The rescue team is proof of the advantages in having expertise in a specific field. The divers and rescue specialists knew what had to be done to save the boys and set about it methodically. Mr Musk, on the other hand, believes in the value of bringing fresh eyes to complex challenges. Yet it would be naive to think that any individual alone was best equipped to deliver salvation.

Mr Musk's intervention also exposes one flaw in "flat hierarchy", the slimline management structure favoured by Silicon Valley. If team members defer to each other's expertise then such a structure can encourage useful collaboration. But reducing layers of management - as Mr Musk has recently done at Tesla - can sometimes allow leaders to t inker and assert their influence counter-productively. His efforts in Thailand suggest this was precisely the tech-man's approach. The drama of the underground rescue - whether the trapped Thai children or the Chilean miners in 2010 - is best managed by largely anonymous individuals working together without ego. They do not depend on chief executives bubbling with optimism and flashy innovations. An offer to help in such a perilous situation is welcome. Rudely asserting one's own authority at the expense of the team is not.

The Thai boys were saved by a systematic collective approach. The intervention of Mr Musk, who has conceded he might be a useful "narcissist", points to the limits of Silicon Valley's "yes, we can" attitude. This was one situation where the last thing a trained team needed was a dose of disruption.

Exhibit 36 Page 634 TESLA000271

Page 97

CNN, British rescuer considers legal action against Elon Musk over 'pedo' tweet The Washington Post, Thai cave rescuer considers suing Elon Musk over delet ed ··pedo' tweets Vox, Elon Musk just called one of the Thai cave rescuers a pedophile TIME, A Diver Who Helped Rescue Thai Kids May Sue Elon Musk Over His 'Pedo' Tweet The Guardian, British cave diver considering legal action over Elon Musk's 'pedo' attack Business Insider, The British diver from the Thai cave rescue whom Elon Musk called a 'pedo' is considering suing the billionaire Cnet, Elon Musk's 'pedo guy' tweet fuels polarization problem

NBC, Elon Musk caHs Thai cave rescue diver Vern Unsworth a 'pedo' on Twitter Gizmodo, Hero Diver Threatens Lawsuit Against Elon Musk for Calling Him a Pedophile MarketWatch, Uon Musk calls Thailand cave rescue diver a 'pedo' in Twitter outburst The Cut, Elon Musk Spends Relaxing Weekend Calling Thai Cave Rescuer a Pedophile NPR, Elon Musk And British Diver Exchange Harsh Words Over Thai Cave Rescue

Newsweek, 'PEDO GUY'·····ELON MUSK FIRES B/\CK /-\T BRITISH DlVER WHO LED RESCUE OF THA l SOCCER TEAM The Hill, British diving experts considers legal action against Elon Musk for calli ng him 'pedo g~~y:. Inc, Elon M usk's Harmful Twitter /\ttack Is a Major Lesson in Emotional !nt:e!!igence Slate, Elon Musk Calls Diver Involved in Thai Cave Rescue Mission a "Pedo" After Diver Criticizes Him Investor's Business Daily, Tesla Stock Falters After Musk Takes Twitter Battles To New Level The Next Web, Dear Elon Musk, delete your Twitter account Autoblog, Elon Musk ca lls Thai cave rescuer a pedophile 011 Twitter Hypebeast, Elon Musk Calls Rescue Diver a "Pedo Guy" in Twitter Outburst HighSnobiety, Elon Musk Calls Cave Diver From Thai Rescue a "Pedo" in Twitter Attack BBC UK, British caver 'could sue' Uon Musk over Twitter attack Daily Mail UK, Tesla stock PLUMMETS after Elon Musk called British d iver \.-Vho rescued Thai soccer team a 'pedo' and was unmasked as a top donor to a Republican PAC The Sun UK, Brit cave hero who saved trapped Thai children threatens to sue Elon Musk for calling him 'a paedo' in vile Tvvitter rant The Wall Street Journal, Tesla CEO Elon Musk Lashes Out at British Cave Rescuer in Latest Twitter Outburst

Musk suggested a the diver is a pedophile; "Sorry pedo guy, you really did ask for it" Tesla Inc. Chief Executive Elon Musk for years has used Twitter to combat critics in ways that few other business leaders would dare. His latest outburst on the platform, though, was extreme even by his standards. Mr. Musk took offense at comments from a British cave explorer who dismissed the billionaire entrepreneur's efforts to rescue the youth soccer team trapped in a Thailand cave as an ill-informed public-relations stunt. He suggested the critic, Vern Unsworth, was a pedophile in a tweet Sunday.

"Sorry pedo guy, you really did ask for it," read a post on Mr. Musk's official Twitter account early Sunday in response to the explorer's criticism. The post quickly prompted criticism, eliciting a follow-up from Mr. Musk to someone who challenged the statement, which read: "Bet ya a signed dollar it's true."

Those posts were deleted later Sunday. A spokesman for Tesla didn't respond to a request for comment. Mr. Unsworth couldn't be reached for comment Monday in Thailand, but he told Australian television that the dispute wasn't finished yet.

Tesla shares slid 3.51% to $307.68 in morning trading in New York.

It was the latest example of Mr. Musk's aggressive and sometimes controversial use of Twitter. In recent months, he has used the platform to criticize regulators, taunt short-sellers and debate people who criticized his political donations.

Exhibit 36 Page 635 TESLA000273

Page 98

From: Erica Chen <echen@tesla.com> Date: Monday, July 16, 2018 at 12:26 PM To: DL-USComms <DL-USComms@tesla.com> Subject: Re: Coverage on E's tweet "A number of analysts and investors, requesting anonymity, told Reuters that Musk's comments are adding to their concerns that his public statements are distracting him from Tesla's main business of producing electric cars." James Anderson of Baillie Gifford called the weekend's events "a regrettable instance" and said he had reiterated to the company the need for "peace and execution" of its core business.

"Unsworth's wife told Reuters on Monday that her husband was returning to Britain on July 19, where he will speak to lawyers."

"Tesla spokespeople and lawyers did not respond to emails and phone calls from Reuters."

Reuters, Te sla shares faH 3.S percent aft er CEO Musk abuses British diver

From: Erica Chen <echen@tesla.com> Date: Monday, July 16, 2018 at 9:02 AM To: Dl-USComms <Dl-USCornms@tesla.com> Subject: Coverage on E's tweet Media report Elon, who "is often quick to attack those who criticize him," is "still mad that h is plan to help out didn't work, " and is "throwing a fit on Twitter" by "baselessly" accusing a British diver " of being a pedophile." The WSJ reports Elon uses Twitter "to combat critics in ways that few other business leaders would dare," but " his latest outburst on the platform, though, was extreme even by his standards." Bloomberg comments, "Controversial outbursts are neith er new nor unusual for Musk, who frequently spars with critics and investors betting against his company," while CNBC calls it "a scathing attack." The Washington Post states that Elon "has been arguing with people who accuse him of shoehorning himself into the drama," which "has, inevitably, led Musk into a rh etorical war with people who actually participated in the rescue operation." Referring to the recent interview with Bloomberg, Vax mentions, "Last w eek, the Tesla CEO said he was going to be better on Twitter. Spoiler alert: He's not."

Vernon Unsworth told the Guardian he was " astonished and very angry" at t he attack. Asked if he would consider taking legal action against Elon, he told reporters: "Yes, it's not finished." Unsworth said he had saved copies of Elon' s tweets and believed that he had "lost the plot," adding, "I have a lot of support from people around the world astonished by his unfounded comments." He noted, "I don't know the guy, never met the guy, and don't want t o meet the guy." James Anderson, a partner at Baillie Gifford, Tesla' s fourth -largest shareholder, told the Guardian in an em ail: " I intend to convey my - predictable I trust - f eelings to the company tomorrow." He declined t o elaborate.

lf this comirmes, it s.earns like Musk's T'tAtter aDcoum is going to need iD be inc:ludoo on Tesla's Risk fgctm s aemioo of thB earnir19s report Shams are do-.,v n $2 b!Mioo today The Wall Street Journal, Tesl;:i CEO Elon Musk U:ishes Out at Crftit: in L;:itest Twitter Out bur st [full text belo w] Financial Times, Elon Musk at tacks Thai cave rescuer in angry t w eet [full t ext belo w] Bloomberg, Elon Musk Can't Take His Own Advice and Tesla Falls Again CNBC, TeslJ fa lls 2?,{ afh~ r British diver mulls legal Jct ion over Elon Musk's baseless 'pedo guy' cl aim

Exhibit 36 Page 636 TESLA000272

Page 99

Mr. Musk's seemingly unfiltered use of the platform is unusual among major CEOs, whose public remarks are generally carefully controlled. The messages are part of a pattern of defiance that has won Mr. Musk many fans and gained him more than 22 million followers on Twitter, to whom he often promotes new products and features or customer questions.

The interactions often become hostile. In one particularly testy exchange in May, Mr. Musk fired back at a profane comment directed his way by tweeting at its author: "Does the psych ward know you smuggled in a mobile phone?" In May, he waged a lengthy attack on the media following unflattering articles about Tesla, and announced plans to create a Yelp.com-like website where people can rate the credibility of journalists and news organizations. Mr. Musk said he would name it Pravda, after the former Soviet Union's main propaganda outlet, then changed it to Pravduh. The sheer volume of tweets from Mr. Musk is all the more remarkable given the enormous demands on his attention at Tesla, which has been struggling to sharply increase production of its new sedan, and at his other companies including rocket maker Space Exploration Technologies Corp., or SpaceX.

Mr. Musk has defended his use of Twitter, while also suggesting he would adjust. "I have made the mistaken assumption-and I will attempt to be better at this-of thinking that because somebody is on Twitter and is attacking me that it is open season," Mr. Musk said in an interview with Bloomberg Businessweek. "And that is my mistake. I will correct it."

Mr. Musk's involvement with the Thai cave drama began on Twitter, when he responded on July 4 to a user asking him to assist in the rescue. He later posted videos of swimming-pool tests in California of a metal tube that his team fashioned to carry the Thai boys out of the flooded cave.

Meanwhile, Thai authorities successfully rescued all 12 boys and their coach without Mr. Musk's device. Mr. Musk, who praised the rescue effort, stopped off to visit the cave on a trip to China and said he was leaving the sub in case it could be useful in the future.

Mr. Musk chafed at criticism of his effort. "This reaction has shaken my opinion of many people," he tweeted on July 11. "We were asked to create a backup option & worked hard to do so."

Late last week, a CNN posted a video in which Mr. Unsworth called Mr. Musk's mini-sub a "PR stunt," saying it "had absolutely no chance of working" because it was too big for the cave. "He can stick his submarine where it hurts," Mr. Unsworth said.

Sunday morning, Mr. Musk replied to a tweet citing the comments, saying: "Never saw this British expat guy who lives in Thailand (sus) at any point when we were in the caves," he wrote. "Only people in sight were the Thai navy/army guys, who were great."

He then challenged Mr. Unsworth to show a video of the rescue, before adding: "You know what, don't bother showing the video. We will make one of the mini-sub/pod going all the way to Cave 5 no problemo. Sorry pedo guy, you really did ask for it."

*** Financial Times, E!on Musk attacks Thai cave rescuer in angry tweet

Tesla founder risks serious backlash with unsubstantiated insults Elon Musk's mounting displays of public irritation risked a serious backlash on Sunday, as he resorted to personal abuse on Twitter against one of the divers involved in the Thailand cave rescue.

Exhibit 36 Page 637 TESLA000274

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#:1851 The entrepreneur behind Tesla and SpaceX addressed the diver directly in a tweet as "pedo guy" , a common abbreviation for a paedophile. It was his most strident comment in weeks of lashing out, bringing accusations that he has misused his powerful position as one of Twitter's most widely followed personalities in order to silence critics. Mr Musk presented no evidence to support his claims.

The tweet followed a television interview in which Vern Unsworth, a British diver who lives in Thailand, called Mr Musk's attempts to help in the rescue effort a PR stunt".

Mr Musk had instructed his engineers to turn a large canister into an improvised submarine that could be used to ferry the children trapped by rising water in the cave complex. He also visited the site last week, though the rescue capsule was not used and the children were rescued by divers.

Asked by reporters what he thought of Mr Musk's submarine idea, Mr Unsworth said: "He can stick his submarine where it hurts." He added that it "just had absolutely no chance of working", since sharp turns in the caves would have blocked the rigid canister.

Mr Musk responded on Twitter: "Never saw this British expat guy who lives in Thailand (sus) at any point when we were in the caves."

He then challenged Mr Unsworth to produce a video to prove his claim, before writing: "You know what, don't bother showing the video. We will make one of the mini-sub/pod going all the way to Cave 5 no problemo. Sorry pedo guy, you really did ask for it."

Twitter's policy against abuse forbids behaviour that "harasses, intimidates, or uses fear to silence another user's voice", though it maintains wide latitude to interpret how the rule is applied. In a standard response, Twitter said its rules "apply to everyone" who uses the service and that "if a violation is found, action should be taken." Mr Musk's attacks on critics have become increasingly outspoken in recent weeks as pressure on him has mounted over production delays at Tesla. With 22.3m followers, his comments are widely seen and sometimes provoke fans into joining the attacks, as happened after a recent tirade against a female journalist he accused of paying for information from a former Tesla employee.

Exhibit 36 Page 638 TESLA000275

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DECLARATION of G. Taylor Wilson In opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claim for Defamation [58] VOLUME 3 OF 6 filed by Plaintiff Vernon Unsworth. (Wade, Nicole): Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 1 of 129 Page ID #:1752 EXHIBIT 29 EXHIBIT 29 Exhibit 29 Page 539

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 4 of 129 Page ID #:1755 EXHIBIT 30 EXHIBIT 30 Exhibit 30 Page 542

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 5 of 129 Page ID #:1756 JOBS  HOMES News MOTORS Jobs Book an Ad Sport Photos Local Listings Your Say Local Info What's On LOCALiQ  Announcements Book an ad Business Dorset Brides  Register  Sign in   Education News 3rd November 2016 Businessman stole £426,000 from company's accounts despite being given "numerous second chances" By Alex Winter © 2019 Best Buy Most read 1 Man dies after he's found unconscious in Boscombe Chine Gardens with area cordoned off by police 2 Bloodied man who staggered into Winton's KFC had been stabbed repeatedly with shattered wine bottle 3 Smyths set to open at former Toys R Us site 4 This what'son  is  offer in the Lidl and 7 Aldi 'Aisle of Dreams' this week 5 Every set of roadworks currently James Milton Howard-Higgins     ADVERTISEMENT  7 comments Earn $200 with a new account Learn more Promoted by Regions Bank Commented   Exhibit 30 Page 543 MENU

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 6 of 129 Page ID #:1757 causing problems for drivers in Bournemouth and Poole (as council says 'get a bus') A BUSINESSMAN has been jailed after stealing more than £400,000 from his company's accounts. James Milton Howard-Higgins was the co-founder of Orchid Maritime Security Ltd based in Poole. Around three years ago, it was discovered that the 44-year-old had stolen around £260,000 from the company, a consultancy practice specialising in maritime security and training solutions. Howard-Higgins, of the Avenue in Poole, admitted the offences to the director and it was decided that the debt would be absorbed into the company. © 2019 Best Buy 6 Claims dogs are being stolen from Tuckton and used as bait by 'gang in white Nissan van' are just rumours, police say 7 Letter to the editor: Getting to the airport is an ordeal 8 GALLERY: Thousands take part in Bournemouth Marathon Festival marathon and halfmarathon 9 'Parkstone is becoming the new Boscombe' say 'vigilante' residents as Ashley Road gets new police of cer 10 Ryanair ight due to land at Bournemouth Airport diverted to Bristol due to "technical issue" © 2019 Best Buy He had his credit cards removed and his dealings with company money were closely monitored. In November 2014 it was discovered that Howard-Higgins had taken out another company credit card in the name of a woman who had nothing to do with the business. The matter was again dealt with internally and Howard-Higgins was forced to stand down as a director and downgrade his shares. He was also removed as a signatory on the account in December 2014. In April 2015 questions were raised over money not being received and outstanding invoices, the court was told. Enquiries were made and the company director discovered that vast sums of money had been paid into Howard-Higgins’ personal account. Howard-Higgins resigned and admitted stealing the money. In total, £426,406 was stolen. The matter was reported to Dorset Police and Howard-Higgins was arrested. He was charged in February this year. The defendant admitted seven counts of fraud. On Monday, October 31, he appeared at Southampton Crown Court and was sentenced to three years in prison. Detective Constable Michelle Lawrence, of Bournemouth CID, said: “James HowardHiggins systematically stole from his business partner over a sustained period of time despite being caught in the act and given numerous second chances. Read more  “He sel shly abused his position of trust and I hope the sentence given will act as a reminder that anyone convicted of fraud offences will be dealt with robustly by the courts.”  © 2019 Best Buy     7 © 2019 Best Buy Howard-Higgins was also disquali ed as acting as a co-director of a company for 10 years and was told Proceeds of Crime proceedings would begin. Get involved with the news in your community Exhibit 30 Page 544 MENU

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 7 of 129 Page ID #:1758      7 comments  Send your stories and photos now Promoted Stories You're Probably Overpaying at Amazon – This Genius Trick Will Fix That HONEY | SPONSORED Here’s Why Guys Are Obsessed With This Underwear THE WEEKLY BRIEF | MACK WELDON | SPONSORED © 2019 Best Buy The Genius Trick Every Best Buy Shopper Should Know WIKIBUY | SPONSORED Top Cardiologist: This One Thing Will Properly Flush Out Your Bowels GUNDRY MD SUPPLEMENTS | SPONSORED See Why This Facial Has Gone Viral MARIE CLAIRE | HANACURE | SPONSORED Man Who Called DOW 20,000 Has Surprising New Prediction INVESTING OUTLOOK | SPONSORED See Why These Are The Best Incontinence Products On The Market BECAUSE MARKET | SPONSORED The Harmful Ingredients In Your Cat's Food That You Should Know About DR. MARTY NATURE'S FEAST FREEZE-DRIED RAW CAT FOOD | SPONSORED Defeat The War In Your Stomach - Top Yale Surgeon Explains How GUNDRY MD | SUPPLEMENT | SPONSORED Body of missing nurse found in car in river BOURNEMOUTH ECHO Wartime US bomber crash leaves at least ve dead BOURNEMOUTH ECHO Husband 'killed pregnant wife following suspicions he was having relationship with teen', court hears BOURNEMOUTH ECHO In the Dock: Ten people from Bournemouth and Poole to appear before the courts BOURNEMOUTH ECHO Woman secretly lmed as she slept at home where AFC Bournemouth youth players had previously stayed      7 BOURNEMOUTH ECHO Exhibit 30 Page 545 MENU

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 8 of 129 Page ID #:1759 News 15th July Two teenage boys stabbed in Boscombe leaving one ghting for his life By Jade Grassby  @JadeDailyEcho Two teenage boys stabbed in Boscombe leaving one ghting for his life A TEENAGER is ghting for his life after being stabbed in Boscombe. Continue reading  News 21st August      7 Armed police respond to reports of man with a gun in Bournemouth Exhibit 30 Page 546 MENU

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 9 of 129 Page ID #:1760 By Jason Lewis  JasonDailyEcho Multimedia Reporter Armed police respond to reports of man with a gun in Bournemouth ARMED police descended on the Lower Gardens in Bournemouth town centre after reports of a man with a gun half a mile away. Continue reading  News 16th August Body of man found at Pelhams Park in Bournemouth By Jim Durkin      7 Exhibit 30 Page 547 MENU

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 10 of 129 Page ID #:1761 Body of man found at Pelhams Park in Bournemouth POLICE sealed off a piece of land close to a popular children’s play area in Bournemouth after a body of a man was discovered. Continue reading  News 12th July Young boy, aged 12, charged with possession of knife following 'disturbance' at bus station By Jim Durkin      7 Exhibit 30 Page 548 MENU

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 11 of 129 Page ID #:1762 Young boy, aged 12, charged with possession of knife following 'disturbance' at bus station A TWELVE year old boy has been charged with assault and possession of a knife after police were called to an alleged disturbance at Poole Bus Station. Continue reading  Beales reveals £3m loss – but boss praises "big achievement" of keeping sales steady 1 Man dies after he's found unconscious in Boscombe Chine Gardens with area cordoned off by police 7 Every set of roadworks currently causing problems for drivers in Bournemouth and Poole (as council says 'get a bus')  100 Claims dogs are being stolen from Tuckton and used as bait by 'gang in white Nissan van' are just rumours, police say GALLERY: Thousands take part in Bournemouth Marathon Festival    marathon and half-marathon   7  27 Exhibit 30 Page 549 MENU

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 12 of 129 Page ID #:1763 Bloodied man who staggered into Winton's KFC had been stabbed repeatedly with shattered wine bottle GALLERY: 15,000 runners of all ages take part in Bournemouth Marathon Festival  14 1 3,500 Bournemouth residents can register for Vodafone's extra-fast gigabit broadband This is what's on offer in the Lidl and Aldi 'Aisle of Dreams' this week  73  10 Most popular Commented 1 Man dies after he's found unconscious in Boscombe Chine Gardens with area cordoned off by police 2 Bloodied man who staggered into Winton's KFC had been stabbed repeatedly with shattered wine bottle 3 Smyths set to open at former Toys R Us site 4 This is what's on offer in the Lidl and Aldi 'Aisle of Dreams' this week 5 Every set of roadworks currently causing problems for drivers in Bournemouth and Poole (as council says 'get a bus') 6 Claims dogs are being stolen from Tuckton and used as bait by 'gang in white Nissan van' are just rumours, police say 7 Letter to the editor: Getting to the airport is an ordeal 8 GALLERY: Thousands take part in Bournemouth Marathon Festival marathon and half-marathon 9 'Parkstone is becoming the new Boscombe' say 'vigilante' residents as Ashley Road gets new police of cer 10 Ryanair ight due to land at Bournemouth Airport diverted to Bristol due to "technical issue" 11 Luiz heads Arsenal to victory over battling Cherries 12 3,500 Bournemouth residents can register for Vodafone's extra-fast gigabit broadband 13 Have you seen missing 16-year-old Khadija Cordingley? 14 Wales boss Giggs provides injury update on Cherries star Brooks 15 This historic manor that inspired Thomas Hardy is on the market 16 Looking to give a dog a home? This is why you should get a rescue pet instead of a puppy 17 'I don’t think he ate for a couple of days, which for an athlete is not good' 18 GALLERY: 15,000 runners of all ages take part in Bournemouth Marathon Festival 19 GALLERY: Bournemouth Marathon Festival Supersonic 10k 20 PICTURES: Can you give any of these pets a forever home? Read more  Contact Us Newsletters Photo Sales Announcements Leap Manage Consent Terms of Advertising IPSO REGULATED Newsquest Printing Exchange and Mart Advertise Terms & Conditions Contributor Terms Archive Privacy Policy Site Map Cookie Policy Diversity Statement This website and associated newspapers adhere to the Independent Press Standards Organisation's Editors' Code of Practice. If you have a complaint about the editorial content which relates to inaccuracy or intrusion, then please contact the editor here. If you are dissatis ed with the response provided you can contact IPSO here ©Copyright 2001-2019. This site is part of Newsquest's audited local newspaper network. A Gannett Company. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. HP10 9TY | 01676637 | Registered in England & Wales. Exhibit 30 Page 550

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 13 of 129 Page ID #:1764 EXHIBIT 31 EXHIBIT 31 Exhibit 31 Page 551

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 14 of 129 Page ID #:1765 REPORTING TO YOU TECH Elon Musk Hired A Convicted Felon To Investigate The Cave Rescuer Who Is Now Suing Him The Tesla CEO paid James Howard-Higgins more than $50,000 to look into a man he thought was a pedophile. Musk, however, failed to examine Howard-Higgins’ past. By Ryan Mac and Mark Di Stefano Reporting From London Posted on October 3, 2019, at 3:55 p.m. ET Jim Watson / AFP / Getty Images 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 552

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When Elon Musk publicly called a British cave rescuer who had Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 15 of 129 Page ID #:1766 insulted him a “pedo guy” last year, the billionaire entrepreneur had no evidence to back up his claims. And while he later apologized for the outburst, the Tesla Motors and SpaceX CEO went on to hire a private investigator to dig up dirt that might support his unsubstantiated accusation. BuzzFeed News has found that the self-proclaimed private investigator whom Musk hired was a convicted felon and scammer. Public records and interviews reveal that the man Musk contracted, James Howard-Higgins, stole money from his business partners and was sentenced to three years in prison for fraud. Past associates of the man described the Englishman to BuzzFeed News as a “Walter Mitty character” who repeatedly defrauded a company he cofounded despite disciplinary actions that were meant to keep him in check. Recently released court documents from a defamation case in US federal court show that Musk retained Howard-Higgins after the selfproclaimed investigator cold-emailed him offering to “dig deep” into Vernon Unsworth, a British expat who played a key role in the rescue of a boys soccer team from a Thailand cave system in July 2018. Unsworth, who had criticized Musk’s efforts to involve himself in the cave rescue, is now suing the billionaire for publicly calling him a pedophile and “child rapist,” an allegation partly based on unsubstantiated information given to him by Howard-Higgins. Musk’s failure to effectively vet a private investigator he hired and his willingness to repeat serious and unfounded allegations against Unsworth are the latest in a series of public blunders for Tesla’s CEO, whose win-at-all-costs mentality has drawn him into a number of high-proﬁle ﬁghts with regulators, former employees, and shareholders. And it has renewed the concerns of institutional 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 553

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investors, some of whom have sued to keep Musk from engaging in Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 16 of 129 Page ID #:1767 reputationally damaging arguments on Twitter. "If I’m sitting on that board, I’d say, 'Wow, does he take similar impulsive moves when he’s working on our company’s strategy?'" Public company executives should have “thicker skin,” said Columbia Business School adjunct professor William Klepper, noting that Musk has a ﬁduciary duty not to jeopardize billions of dollars of investment in his companies by acting like a “loose cannon.” “If I’m sitting on that board, I’d say, ‘Wow, does he take similar impulsive moves when he’s working on our company’s strategy?” he said. Musk and members of his staff did not respond to multiple requests for comment. With Musk facing a defamation suit from Unsworth, court documents prepared for his defense show that he and the head of his family ofﬁce explicitly retained Howard-Higgins to ﬁnd information that might support Musk’s claims that the cave rescuer was a pedophile. But these same documents also show that the billionaire entrepreneur’s staffers did little to vet the investigator, a 47-year-old man from Dorset in southwest England, who served 18 months of his three-year sentence in October 2016 for stealing more than £426,000 (about $525,000) from his company, Orchid Maritime Security Ltd. As a cofounder of Orchid Maritime, a private maritime security company based in the English seaside town of Poole, Howard-Higgins worked on sales and marketing, according to former business associates. Those associates told BuzzFeed News they noticed large amounts of money missing from company accounts and suspected 31 Howard-Higgins was responsible. Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 554

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 17 of 129 Page ID #:1768 James Howard-Higgins Courtesy of Bournemouth CID They were right. A local press report describing the incident noted that Howard-Higgins confessed to stealing around £260,000 ($320,000), though the company forgave their cofounder and absorbed the debt he’d accumulated. Following that incident, Howard-Higgins opened a credit card for the business under another person’s name and began racking up debt again, according to the report. After Orchid Maritime busted and disciplined him a second time, Howard-Higgins began directing 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav company funds into a personal account. Page 555

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“James Howard-Higgins systematically stole from his business partner Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 18 of 129 Page ID #:1769 over a sustained period of time despite being caught in the act and given numerous second chances,” a detective constable wrote at the time of his arrest in 2016. “He selﬁshly abused his position of trust.” Charged with 14 counts of fraud, Howard-Higgins pleaded guilty to seven. He did not respond to multiple requests for comment. In a statement to BuzzFeed News, Mark Wood, another Orchid Maritime cofounder, likened his former business partner to Walter Mitty, a ﬁctional character known for indulging in fantastic daydreams about himself, and called him “manipulative, persuasive and coercive.” “The enormity of his deception and fraudulent actions within the business led me to call in the police,” he said. “With a prison record it ought to be difﬁcult to continue in this same line of business,” Wood added. “Sadly it appears not to be the case." “You May Want to Dig Deep” After being released from prison and barred from directorship of any UK-registered company for 10 years, Howard-Higgins revived an old venture he called Jupiter Military & Tactical Systems. There is no UK registration for the company, and sources close to Howard-Higgins described Jupiter as little more than an email account and a website. On July 17, 2018, the same day Musk had declared Unsworth a “pedo guy” for calling a mini submarine the billionaire contributed to the Thai cave rescue effort “a PR stunt,” Howard-Higgins reached out to the Tesla CEO from a Jupiter email address. “You may want to dig deep into Mr. Unsworth[‘s] past to prepare for his defamation claim,” he wrote in a note that was forwarded toExhibit 31 Elon Musk Hired A Convicted Felon To Investigate The Cav Page 556 Musk’s personal assistant and then his chief of staff, Sam Teller.

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Omitting his full last name, Howard-Higgins identiﬁed himself as Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 19 of 129 Page ID #:1770 James Howard, CEO of Jupiter Military & Tactical Systems. “No smoke without ﬁre!” he added. James Howard-Higgins Provided to BuzzFeed News In early August of that year, Musk received a legal threat from Lin Wood, an attorney representing Unsworth, notifying the billionaire that the cave rescuer had retained counsel and was preparing a libel suit. Shortly thereafter, around Aug. 15, Musk directed Jared Birchall, the head of his family ofﬁce, Excession LLC, to retain “James Howard” according to Birchall’s sworn declaration in the Unsworth defamation case. Musk claims to have never directly spoken with the private 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 557 investigator. But in a deposition, he said he thought Howard-Higgins

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“appeared to be credible” based on information given to him by Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 20 of 129 Page ID #:1771 Birchall, who was communicating with the investigator using the alias “James Brickhouse.” In emails sent by Howard-Higgins to Birchall, he claims to have spent 11 years in the UK special forces and two years with the United Kingdom’s security services with additional work for the likes of billionaires George Soros and Paul Allen. A representative for Soros found no evidence that Howard-Higgins had done work for the ﬁnancier or his related companies. One former colleague said the only connection between Howard-Higgins and Soros was that his uncle had done “property work” for the Hungarian American billionaire. Vulcan Inc., the investment and philanthropy ofﬁce of the now-deceased Allen, did not respond to a request for comment. Former colleagues disputed Howard-Higgins’ characterization of his military record. Mark Wood, his former business partner, said, “[Howard-Higgins] categorically never served in the police, military or any intelligence services.” The UK’s Home Ofﬁce did not respond to questions about Howard-Higgins. According to a web archive from August 2018, Jupiter’s now-defunct website — which featured a black and white phoenix symbol used by several gamers and a London-based electronic music producer — said the company provided bespoke “Government Police and Military Training Solutions,” and listed a PO box in Doha, Qatar, and an address in Berkeley Square, an upmarket area of Mayfair in London. In reality, the UK address is used by one of Howard-Higgins’ former business associates, who told BuzzFeed News the location is the registered headquarters of his current company, and not linked to HowardHiggins. It appears that Birchall and Musk were not aware of any of this. After 31 reviewing documents and Elon supposed past work provided by HowardMusk Hired A Convicted Felon To Exhibit Investigate The Cav Page 558

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Higgins, Birchall “believed Mr. Howard to be a capable and credible Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 21 of 129 Page ID #:1772 investigator” and agreed to hire him for around $50,000. Meanwhile, Howard-Higgins was already feeding him unsubstantiated theories about Unsworth. “The target is unlikely to have a history of offending in the UK as this would already have come to the surface but I think like others that his motivations for residing in Thailand may unearth some unsavoury practises and relationships,” Howard-Higgins wrote to Birchall. Project Rowena The pair began regular contact on what they called “Project Rowena” — according to two sources, Howard-Higgins’ girlfriend is named Rowena. Birchall, posing as Brickhouse, would call or email HowardHiggins, and relay whatever information he was given back to Musk. In email correspondence detailed in the court documents, HowardHiggins’ made innuendo-laden claims about Unsworth and his associates, without providing any evidence to back them up. "We aren’t looking to frame anyone" “Early feedback on the target is there is indeed an unpleasant undertone to some of his lifestyle choices,” he wrote in an Aug. 17, 2018, email to Birchall. “There is no question that the target 'associates' locally with Europeans who enjoy 'Thai comforts' that are not acceptable in a developed society.” Birchall then followed with an email on Aug. 27, according to legal exhibits, asking for more explicit and exact details on Unsworth. Claiming that there were “planned attacks in the media and/or a lawsuit,” he sent a list of 14 speciﬁc questions asking for information about a possible divorce in the UK and whether Unsworth’s Thai 31 partner was “the 10th teenage heHired met A before he decided to Exhibit settle.” Elon girl Musk Convicted Felon To Investigate The Cav Page 559

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“With that said, we aren’t looking to frame anyone,” Birchall added. Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 22 of 129 Page ID #:1773 Vernon Unsworth with his MBE following an investiture ceremony at Buckingham Palace on June 12 in London. Wpa Pool / Getty Images There is no evidence to suggest that Unsworth or his friends in Thailand behaved in the ways Howard-Higgins alleged. Birchall did not respond to an emailed request for comment. In his statement to the court, Birchall recalled that shortly after he retained Howard-Higgins, the investigator told him there was a Thai news article that claimed Unsworth’s Thai partner said she ﬁrst met him when she was 11 or 12. Birchall said he reported those details to Musk. But court documents include no evidence of the Thai news clipping 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Howard-Higgins allegedly described to Birchall, and BuzzFeed News Page 560

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was unable to ﬁnd it. Moreover, two documents Howard-Higgins sent Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 23 of 129 Page ID #:1774 to Birchall explicitly note that the investigator had not conﬁrmed the age of Unsworth’s partner. In an Aug. 27 email, for example, HowardHiggins color-codes her age as something he is “in the process of verifying.” “Mr Unsworth is 63 years old,” Howard wrote in a different, more formal report dated on Aug. 30, 2018 that was included in the defamation case’s ﬁlings. “His wife we believe is 30, (we will conﬁrm this in the next 48hrs) which would have put her at 18/19 when they ﬁrst met. The target would have been 52 yrs old at the time.” In September of last year, Unsworth’s longtime partner, Woranan Ratrawiphukkun, told BuzzFeed News she was actually 40. Lin Wood, Unsworth’s attorney, said in a statement to BuzzFeed News that the cave rescuer is not technically married to Woranan, but that he consider her his “partner and companion.” "I have faith in what Jared was conveying to me was an accurate retelling of this guy." It is not yet clear if Howard-Higgins ever managed to establish the true age of Unsworth’s partner. But it is obvious that the unsubstantiated, caveated claims he fed to Birchall made their way to Musk, who viewed it as proof of his allegations and eventually told a BuzzFeed News reporter over email that Unsworth was a “child rapist” who took a child bride. Attorneys for Musk and Unsworth have both requested testimony from BuzzFeed News. “I have faith in what Jared was conveying to me was an accurate retelling of this guy,” Musk said in a deposition earlier this summer. In further questioning by Unsworth’s lawyers, the billionaire also made it clear he never veriﬁed the information before relaying it to a reporter. 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 561

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“I just — I’d just been informed of a bad fact pattern,” he said. “It Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 24 of 129 Page ID #:1775 seems like if a journalist cares about ﬁnding what’s going on, they should go ﬁnd out what’s going on. This is what I’ve been told. May or may not be true; please investigate.” Musk sent the email with supposed information about Unsworth to a BuzzFeed News reporter on Aug. 30, 2018. “I suggest that you call people you know in Thailand, ﬁnd out what’s actually going on and stop defending child rapists, you fucking asshole,” he wrote. “He’s an old, single white guy from England who’s been traveling to or living in Thailand for 30 to 40 years, mostly Pattaya Beach, until moving to Chiang Rai for a child bride who was about 12 years old at the time.” Musk has since defended his behavior by claiming “pedo guy” is South African slang for a creepy guy (though that’s been disputed) and arguing that he went after Unsworth because he feared he might be another Jeffrey Epstein. BuzzFeed News and Vanity Fair have since reported that Musk had been to several events with Epstein following the ﬁnancier's 2008 guilty plea for soliciting prostitution from an underage girl, and visited his house “several years ago.” Unsworth’s lawyer said in a statement that the documents released thus far in the case only tell Musk’s side, and that cave rescuer’s response to the defense’s motion for a dismissal of the case will reveal much more about “the falsity of his public statements.” “Mr. Unsworth’s response will focus on the actual sworn testimony and documents developed in this case rather than the manufactured misrepresentations, half-truths, omissions and smear tactics presented by Musk in his motion,” Wood said. “In sum, Musk had no credible or veriﬁed information at any time that supported his false accusations that Mr. Unsworth was a pedophile, a child rapist who 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 562

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married a 12-year old child bride or lived for 30 years in Pattaya Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 25 of 129 Page ID #:1776 Beach.” Photos posted to James Howard-Higgins' girlfriend’s private Instagram account after Elon Musk was sued last fall show the Brit traveling through the Middle East, visiting Wimbledon, staying at resorts, and eating at steakhouses. Provided to BuzzFeed News / Via Instagram With their response to Musk’s motion to dismiss the case for summary judgment expected next week, Unsworth’s legal team has dug in, seeking depositions from current and former executives at the billionaire’s companies and close conﬁdants. Meanwhile, little has been heard from Howard-Higgins. In a statement, Wood said he has been unable to locate the British man for questioning. Photos posted to his girlfriend’s private Instagram account after Musk was sued last fall show Howard-Higgins traveling through the Middle East, visiting Wimbledon, staying at resorts, and eating at steakhouses. That lifestyle, however, seems to have come to an end. 31 Elon Musk Hired A Convicted Felon To Exhibit Investigate The Cav Page 563

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According to multiple sources, Howard-Higgins also recently violated Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 26 of 129 Page ID #:1777 the terms of his parole. Musk's private investigator is back in jail serving the remainder of his three-year sentence. Ryan Mac is a senior tech reporter for BuzzFeed News and is based in San Francisco. Contact Ryan Mac at ryan.mac@buzzfeed.com. Got a confidential tip? Submit it here. Mark Di Stefano is a media and politics correspondent for BuzzFeed News and is based in London. Contact Mark Di Stefano at mark.distefano@buzzfeed.com. Exhibit 31 Page 564

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 27 of 129 Page ID #:1778 EXHIBIT 32 EXHIBIT 32 Exhibit 32 Page 565

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 28 of 129 Page ID #:1779 From: Sent: To: CC: Subject: Sam Teller [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP {FYDI BO HF 23SPDLT)/CN=RECI PIENTS/CN=3BBD889935194BES BF3603B89339F 2AE-SAM TELLER] 7/15/2018 10:34:11 AM Dave Arnold [dwarnold@tesla.com] Laura Hardy [lhardy@tesla.com]; Sarah O'Brien [sobrien@tesla.com] Re: Media Enquiry re: CEO Yeah On Jul 15, 2018, at 12:04 PM, Dave Arnold wrote: We should definitely just ignore these inquires. From: Laura Hardy Sent: Sunday, July 15, 2018 10:03 AM To: Dave Arnold Cc: Sam Teller; Sarah O'Brien Subject: Re: Media Enquiry re: CEO Thanks both. Follow up email with a question to understand their narrative - 'I'd like to ask for clarification on whether the CEO, Mr Musk is accusing Vernon Unsworth of being a paedophile.' Sent from my iPhone On 15 Jul 2018, at 17:41, Dave Arnold wrote: We're getting multiple inquiries this morning. I'm ignoring. From: Sam Teller Sent: Sunday, July 15, 2018 9:00 AM To: Laura Hardy Cc: Sarah O'Brien; Dave Arnold Subject: Re: Media Enquiry re: CEO Yeah, unfortunately I think we are just stuck not commenting today. Will let you know if I get anymore. On Jul 15, 2018, at 10:51 AM, Laura Hardy wrote: FYI this is getting picked up here. We got cut off (bad signal at Goodwood) and I haven't managed to get him back on the phone but assuming we are leaving it at the tweets• regardless of his questions. Let me know if you want me to send him anything. Thanks Laura Exhibit 32 Page 566 TESLA001455

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 29 of 129 Page ID #:1780 Exhibit 32 Page 567

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 30 of 129 Page ID #:1781 EXHIBIT 33 EXHIBIT 33 Exhibit 33 Page 568

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 31 of 129 Page ID #:1782 From: James Brickhouse Sent: Tue 8/28/2018 9:48 AM (GMT-07:00) "Jupiter Private" To: Cc: Bee: Subject: Re: Target visit to 10 Downing Street Attachments: PastedGraphic-600001.tiff; image00200002.jpg; PastedGraphic-600003.tiff; image00200004.jpg Ok, thank you for this information. We would like you to immediately move forward with 'leaking' this information to the UK press. Obviously must be done very carefully. The line of thinking at this point is as fo llows: • • • • • Thailand is the world capital of pedophilia This man bas frequented Thailand since the 80's - eventually leading to his divorce to his wife in the UK. While the guise of cave exploration is creative, there are amazing and extensive caving systems in many places throughout the world - not just in Thailand. Even the most ardent supporter of Thai food doesn't eat Thai food every day. He eventually woman 30 years his minor - whom he met while she was a teenager. He had been going to Thailand for decades before marrying her. She wasn't the first girl he met - and definitely not the first teenager he interacted with. Share the facts and as you said, that should be enough for a story. But we'd like to make this happen immediately. On Tue, Aug 28, 2018 at 2:48 AM Jupiter Military & Tactical Systems < info@ jupiterprivate.com> wrote: Jim, Please see below the image of the Target's visit to IO Downing St. I have spoke to David, one of my EP Leads this morning w ho spent 20+ yrs in the Met Police & the last 10 yrs with the SO I Royal Protection Group and he reached out to former colleagues too confirm hat all visitors to the the PM' s office would go through ' DV" discreet vetting. Principally avoid any embarrassment to the UK Gov. I am certain that the Target would not have had an invitation extended if there was anything o n his UK record. At the event, also attended by the Thai Ambassador Mr Pisanu Suvanajata, Among those attending with their fami lies was John Volanthen, one of the British di vers who was part of the team which first discovered theboys. He was also one of the three divers who went out as the initial team and who helped place guides in the cave to assist others in navigation. A lso at the event was Robert Harper, who was part of the team which pinpointed the boys' exact location, and Vernon U nsworth, who first alerted cave di vers in the UK to the situation in Thailand. ~ L~'"J Exhibit 33 Page 569MUSK 000410

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 32 of 129 Page ID #:1783 Kind regards, James CEO - Qatar & UAE Jupiter Military & Tactical Systems Al Saad - Area 38 Street No. 893, Building No. 7 P .O. Box 22509 Doha State of Qatar +44 (0) 7917 401601 info@jupiter-private.com www.jupiter-private.com Jupiter Executive Protection 43 Berkeley Square Mayfair, London W1J 5FJ +44 (0) 7917 401601 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Exhibit 33 Page 570MUSK 000411

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 33 of 129 Page ID #:1784 Exhibit 33 Page 571MUSK_000412

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 34 of 129 Page ID #:1785 Exhibit 33 Page 572 MUSK_000413

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 35 of 129 Page ID #:1786 Exhibit 33 Page 573MUSK_000414

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 36 of 129 Page ID #:1787 Exhibit 33 Page 574 MUSK_000415

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 37 of 129 Page ID #:1788 EXHIBIT 34 EXHIBIT 34 Exhibit 34 Page 575

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 38 of 129 Page ID #:1789 Subject: Fwd: From: Dave Arnold <"/o=exchangelabs/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=29df0a7448f04984910ec59f5077bd85-dave arnold"> Date: Wed, 05 Sep 2018 16:40:27 -0700 To: Sam Teller I do think we should change his email address ... From: Juleanna Glover Sent: Wednesday, September 5, 2018 4:34 PM To: Dave Arnold; Sam Teller; Sarah O'Brien Subject: Fwd: Re: RidgelyWalsh.com 202.288.2076 Begin forwarded message: From: Elon Musk Date: September 5, 2018 at 4:45:17 PM EDT To: Juleanna Glover Subject: Re: Yup On Sep 5, 2018, at 1:06 PM, Juleanna Glover wrote: The podcast can be very long (3 hrs for Tyson for ex) so pick a hard stop time. Joe doesn't interrupt much so he will let you roll (he is funny and he curses on air as no FCC rules for podcasts). Pls figure out what you want to say about the SEC matters? If you want to say more than is out there or not. Your attorneys should be in loop on what you plan to say. I don't imagine Joe will push you on that but just be ready, so you don't make the investigation harder? Also pls pls pls pls if Thai diver comes up pls just say you think you have gotten into enough trouble on that already and are not going to say more? Exhibit 34 Page 576

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 39 of 129 Page ID #:1790 From: ERM Date: Wednesday, September 5, 2018 at 3:49 PM To: Juleanna Glover Subject: Re: Fwd: No, it's because a lot of people I trust have recommended that I do this. On Sep 5, 2018, at 4:40 AM, Juleanna Glover wrote: Ok - Joe Rogan it is! Is it because deGrasse Tyson just did the podcast? RidgelyWalsh.com 202.288.2076 On Sep 4, 2018, at 6:35 PM, Elon Musk wrote: Absolutely. Will have to change my email address. On Sep 4, 2018, at 3:22 PM, Juleanna Glover wrote: You need to ask your teams to do.this stuff. Where the facts merit, the stories will come out. It will often take longer than you want but if it can be done ethically and appropriately - it will get done. Exhibit 34 Page 577

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 40 of 129 Page ID #:1791 Reporters are now sharing your email address with each other so pls let us take the queries unless you know and deeply trust the writer. You will continue to get more notes trying to bait you. RidgelyWalsh.com 202.288.2076 On Sep 4, 2018, at 6:14 PM, Elon Musk wrote: Completely agree. I was told about a lot of bad things this guy did and was upset that no one cared to investigate, so responded in what I felt was off the record. In the past, Buzzfeed has respected emails prefaced with "off the record", but this time they did not. It was still one of the dumbest things I've ever done and this distraction couldn't come at a worse time. On Sep 4, 2018, at 3:07 PM, Juleanna Glover wrote: We may have to have you do something on the record again soon. We just need to kill this nonsense, speculation around your mental state. Will work with the team to come up with strategic options that present you at length - leading the companies, in charge, droll and self-aware. That in mind, in no universe is it OK for you to continue to contemplate the sexual predilections of a Thai driver who insulted you on TV. The facts will come out and you can revisit then. RidgelyWalsh.com 202.288.2076 On Sep 4, 2018, at 5:54 PM, Elon Musk wrote: Exhibit 34 Page 578

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 41 of 129 Page ID #:1792 Yes, this is extremely bad. I didn't expect Buzzfeed to publish an off the record email. My intent was to have them investigate and come to their own conclusions, not publish my email directly. There is a lot of incriminating evidence about this guy if journalists just bloody well look. I was told that he spent ~30 years traveling several months each year to Thailand, including spending a large part of that time at known underage "sex hotels" in Pattaya Beach. There are no caves of note in the area and he had no business reason to be there. Still, I'm a fucking idiot. On Sep 4, 2018, at 2:43 PM, Juleanna Glover wrote: You know all the below already. He is a serious guy who does impactful work on climate and it is killing him to see your impact diminished. You do have good people to handle all of these queries (though the Thai diver matter really should just be handled by counsel - forever or until discovery yields proof of illegality). Twitter feed last 6 days though is® RidgelyWalsh.com 202.288.2076 Exhibit 34 Page 579

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 42 of 129 Page ID #:1793 Begin forwarded message: From: Jeff Nesbit Date: September 4, 2018 at 5:21:17 PM EDT To: juleanna@ridgelywalsh.com Subject: What can I do to help? I know I'm a broken record ... but why is he emailing with a news organization himself like this? He absolutely SHOULD NOT be doing this sort of direct media outreach himself. It clearly blew up in his face, for no good reason. Who on his staff can handle this for him? One or two more of these and I can guarantee that there will be a no confidence vote on the BOD led by the big institutional investors. And he will not survive such a vote, at least not in the public sphere. I will help you however you tell me to help. https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations -buzzfeed-email Sent from my iPhone Exhibit 34 Page 580

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 43 of 129 Page ID #:1794 EXHIBIT 35 EXHIBIT 35 Exhibit 35 Page 581

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 44 of 129 Page ID #:1795 1 2 3 4 5 6 7 8 9 DAVIS WRIGHT TREMAINE LLP 10 11 12 13 14 15 THOMAS R. BURKE (CA State Bar No. 141930) thomasburke@dwt.com DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 THOMAS R. BURKE (CA State Bar No. 141930) thomasburke@dwt.com DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800ss San Francisco, California 94111 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 KATHERINE M. BOLGER (pro hac vice forthcoming) katebolger@dwt.com JOHN M. BROWNING (pro hac vice forthcoming) johnbrowning@dwt.com KATHLEEN E. FARLEY (pro hac vice forthcoming) kathleenfarley@dwt.com DAVIS WRIGHT TREMAINE LLP 1251 Avenue of the Americas, 21st Floor New York, New York 10020 Telephone: (212) 489-8230 Facsimile: (212) 489-8340 Attorneys for Non-Party Journalist Ryan Mac 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 20 VERNON UNSWORTH, Plaintiff, 21 22 23 24 Case No. _________ vs. ELON MUSK, Defendant. 25 26 (C.D. Cal. No. 18-cv-08048-SVW-JC) DECLARATION OF RYAN MAC IN SUPPORT OF MOTION TO QUASH SUBPOENA ISSUED FROM A CIVIL CASE PENDING BEFORE THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA AND SERVED ON NON-PARTY JOURNALIST RYAN MAC Hearing Date: October 18, 2019 Hearing Time: 9:00 a.m. 27 28 DECL. OF RYAN MAC IN SUPPORT OF MOTION TO QUASH Case No. Exhibit 35 Page 582

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 45 of 129 Page ID #:1796 1 2 3 of America: 1. I am a reporter for BuzzFeed News (“BuzzFeed”) and am based in BuzzFeed’s San 4 Francisco office. I make this declaration based on my personal knowledge and submit this 5 declaration, together with the exhibits annexed hereto, in support of the accompanying motion to 6 quash subpoenas (the “Subpoenas”) that were served on me by plaintiff Vernon Unsworth and 7 defendant Elon Musk in an action currently pending before the United States Court for the Central 8 District of California. Unsworth v. Musk, Case No. 18-cv-08048-SVW-JC (C.D. Cal.) (the 9 “Defamation Action”). I am not a party to the Defamation Action. 10 DAVIS WRIGHT TREMAINE LLP I, RYAN MAC, declare under penalty of perjury pursuant to the laws of the United States 2. On June 21, 2018, BuzzFeed published an article that I wrote with two other 11 BuzzFeed reporters entitled “Elon Musk Has Always Been at War with the Media” (the “Musk at 12 War” Article), a true and correct copy of which is annexed hereto as Exhibit A. 13 3. On August 29, 2018, BuzzFeed published an article I wrote entitled “The Cave 14 Rescuer Elon Musk Called A ‘Pedo’ Has Lawyered Up And Is Preparing A Libel Claim” (the 15 “August 29 Article”), a true and correct copy of which is annexed hereto as Exhibit B. 16 4. On September 4, 2018, BuzzFeed published an article I wrote entitled “In a New 17 Email, Elon Musk Accused a Cave Rescuer of Being a ‘Child Rapist’ and Said He ‘Hopes’ 18 There’s a Lawsuit (the “September 4 Article”), a true and correct copy of which is annexed hereto 19 as Exhibit C. 20 5. The September 4 Article republishes two emails that Musk sent me on August 30, 21 2019. As the September 4 Article reports, the first email was not “off the record” because 22 “BuzzFeed News did not agree to that condition of the correspondence” and the second email was 23 not “on background” because “BuzzFeed News again did not agree to those terms.” 24 25 6. I have never spoken with Musk (either in person or telephonically). Upon information and belief, all of my written communications with Musk are available to Musk. 26 I declare under penalty of perjury under the laws of the United States of America that 27 the foregoing is true and correct. Executed this 12th day of September, 2019 at San Francisco, 28 California. -1DECL. OF RYAN MAC IN SUPPORT OF MOTION TO QUASH Case No. Exhibit 35 Page 583

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 46 of 129 Page ID #:1797 2 6 9 DAVIS WRIGHT TREMAINE LLP 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2D1'121.. OF MAC IN SUPPORT OP MOTION TO QUASH Casc No. Exhibit 35 Page 584

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 47 of 129 Page ID #:1798 EXHIBIT A Exhibit 35 Page 585

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Elon Musk Has Always Been At War With The Media Page 1 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 48 of 129 Page ID #:1799 Tyler Comrie for BuzzFeed News Exhibit 35 Page 586 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 2 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 49 of 129 Page ID #:1800 Caroline O'Donovan Charlie Warzel Ryan Mac No one lectures Elon Musk. In April, the head of the National Transportation Safety Board discovered this after a call about his organization’s investigation into one of Tesla Motors’ autopiloted vehicles devolved into a heated exchange, leading the billionaire entrepreneur to hang up on the federal regulator. That fiery interaction eventually leaked to the press and ricocheted around the internet as further evidence that Musk was losing it. As BuzzFeed News has learned, it wasn’t even the first time that Tesla’s CEO had gone off on a federal organization investigating one of his companies. Yet taken together with his other antics and problems of Exhibit 35 Page 587 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 3 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 50 of 129 Page ID #:1801 2018, the shocking behavior was viewed by some pundits as a prime example of Musk cracking under pressure. But the thing is: None of this is new for Musk. He has always been the architect of his own image and has long run roughshod over journalists and his own communications team alike. In interviews with BuzzFeed News, nine people who previously worked with Musk, and who requested anonymity to preserve their personal and professional relationships, said that while the level of scrutiny on the CEO may be new, his behavior is not. What we are seeing is less a crack in his well-being than his facade. It is Elon unbound. In response to questions from BuzzFeed News, a Tesla spokesperson said, “This sounds like a very exciting story and we can’t wait to read it. Buzzfeed is the best!” Undeniably, the pressure is on. Tesla, one of three companies the 46-year-old Musk runs, has been beset by problems. It is behind on production of its latest car, the Model 3; the short interest in its stock totals Exhibit 35 Page 588 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 4 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 51 of 129 Page ID #:1802 more than $13 billion; and news outlets, including this one, have asked questions about its treatment of factory workers, lax safety measures, and Autopilot technology that doesn’t quite live up to its name. In reaction, Musk has gone on the offensive, lashing out in public at his perceived enemies — largely in the press. “The holier-than-thou hypocrisy of big media companies who lay claim to the truth, but publish only enough to sugarcoat the lie, is why the public no longer respects them,” Musk said on Twitter last month during a spat of bad press, which he dismissed as the merely the result of a bankrupt media ecosystem. “Problem is journos are under constant pressure to get max clicks & earn advertising dollars or get fired,” he tweeted. During an earnings call, he told financial analysts their questions were “boring” and took questions from a YouTube personality instead. On Twitter, he has attacked journalists, accused his critics in the media of being in a Big Oil conspiracy, and threatened to start a public ranking of news organizations ironically named after a former Soviet Union propaganda publication. A tweet about union organizing at Tesla’s California car factory landed him in hot water with both a member of Congress and the National Labor Relations Board, while his rogue hang up on the NTSB in April led to the regulator removing the company from any involvement in the Exhibit 35 Page 589 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 5 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 52 of 129 Page ID #:1803 investigation. More recently, he launched an investigation into alleged sabotage by a Tesla employee, who the company is now suing. “As you know, there are a long list of organizations that want Tesla to die,” Musk wrote in an all-staff email, in which he announced an “in depth” investigation and implored employees to “be extremely vigilant” of “anything suspicious” in the workplace. Combined, these events prompted speculation about whether or not the billionaire CEO was losing control and invited inevitable comparisons to another wealthy leader with a predawn Twitter habit. Musk has long raged in private at perceived enemies, especially in the media. His short temper and outbursts have long been legend inside Tesla and SpaceX headquarters, according to multiple current and former employees. “It doesn’t strike me as some drastic change in his personality,” said one former employee. “The people who are saying this is how he's always been are correct,” said another. What’s changed is simply that Musk’s profile has risen while his staff’s ability to keep him in check has waned. As pressure continues to mount and Musk sheds the executives who once provided advice and insulation, he’s no longer just the Mars-bound genius Exhibit 35 Page 590 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 6 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 53 of 129 Page ID #:1804 with a promising electric car company. Depending on who you ask, he’s an icon, an environmental champion, or an attention-hungry micromanager, wielding Steve Jobs–level influence in 280-character Twitter diatribes, occasional public appearances, or mocking conference calls with analysts. But no matter which Elon you choose, it’s become more apparent that there’s no one who can rein him in. For example, in June 2016 the National Highway Traffic Safety Administration had contacted Tesla as a courtesy heads-up that it would be announcing an investigation into a May crash that killed the driver of a Model S sedan on Autopilot. It was the kind of call that, at most companies, would require executive restraint and sensitivity. Musk was not originally supposed to be on the call with NHTSA officials, Tesla’s general counsel, and the head of its Autopilot team, but chimed in as the conversation got underway. It was unfair that NHTSA was targeting his company, he said, noting that skeptics would just use the public investigation as evidence that Tesla was in trouble. After failing to convince the government officials to keep their investigation private and forgo their announcement scheduled for the next day, Musk went ballistic and embarked on a profanity-laced tirade. He threatened to sue NHTSA for what he saw as unfair Exhibit 35 Page 591 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 7 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 54 of 129 Page ID #:1805 scrutiny and then abruptly disconnected the phone, leaving the people left on the line shocked. “I couldn’t believe it,” said a former Tesla employee familiar with the call. Joshua Lott / Getty Images According to those who have worked closely with him, Musk’s recent public outbursts may have less to do with a desire to be a media critic and more to do with a long-standing business strategy, where he’s leveraged his popularity for press coverage for years. His moonshot ideas, unfiltered chatter with reporters, and direct engagement with customers have won him a legion of adoring fans. Exhibit 35 Page 592 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 8 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 55 of 129 Page ID #:1806 “Historically, we have been able to generate significant media coverage of our company and our vehicles, and we believe we will continue to do so,” read one recent Tesla financial filing, alluding to its CEO’s cult of personality. “To date, for vehicle sales, media coverage and word of mouth have been the primary drivers of our sales leads and have helped us achieve sales without traditional advertising and at relatively low marketing costs.” Indeed, Musk has always paid close attention to coverage of himself and his companies. In the early days of Tesla, he bristled when media coverage shunned him in favor of then-CEO Martin Eberhard. Emails dating back to 2006 show that even then, as a successful two-time founder of online local directory startup Zip2 and online payments firm PayPal, he was conscious of his public perception. In one email, he told Tesla’s earlier PR team that he was “incredibly insulted” when a New York Times story about the company failed to mention him. What rankles Musk the most, according to former communications employees, is anything he perceives to be inaccurate reporting — which is frequently a stand-in for any coverage that isn’t positive. Former Exhibit 35 Page 593 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 9 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 56 of 129 Page ID #:1807 employees remember him being easily angered and “extraordinarily vindictive,” no matter how small the outlet or tempered the critique. In 2009, he called a Times contributor “a huge douchebag and an idiot” in an interview for penning a piece that asked why taxpayer-backed federal loans should be used to help what was then a struggling car manufacturer. The following year, Musk wrote an essay, published in Business Insider and other outlets, comparing a reporter for VentureBeat to disgraced journalist Jayson Blair for writing about how his divorce could materially affect Tesla’s business and should have been disclosed in its initial public offering documents. Yet as Musk’s celebrity grew he realized he no longer needed to go to news outlets to dispute negative stories. Musk has invested in building a relationship with his fans for years. He could take publications to task in company blog posts, sometimes directly drafting responses for Tesla or SpaceX himself, according to his communications staffers. Meanwhile, Twitter — where he started an account in 2009 — has become an ideal platform for activating his army of supporters. “He’s so well-known that anything he says is reported upon and analyzed,” said a person who’s worked with him. Exhibit 35 Page 594 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 10 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 57 of 129 Page ID #:1808 In 2013, Musk tweeted that a Times review that said Tesla car batteries die faster in cold weather was “fake,” and published a detailed blog post refuting its points. A former employee (who didn’t work for Musk at the time) remembered thinking he had been “publicly very aggressive” toward the reporter, John Broder, and the Times, whose own public editor later found issues with the piece. That same year, Musk also raged over news stories about Tesla car battery fires. From Musk’s perspective, former employees said, the number of Tesla battery fires was relatively minuscule in comparison to the total number of car fires per year, which number somewhere around 170,000. The perceived discrepancy in scrutiny “deeply frustrated” Musk, one former staffer said, and he focused that frustration on the media, much in the same way as he’s doing now. This pattern has continued over the last few years. In 2015, Musk called a Wall Street Journal story on employee churn at Tesla “asinine” during a press conference in Detroit. After a story about Tesla’s foray into China from Bloomberg News reporter Dana Hull, Tesla and SpaceX communications staff were instructed to ignore her calls and emails, according to multiple sources. One former senior employee told BuzzFeed News that Musk would stew over articles that were “largely very Exhibit 35 Page 595 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 11 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 58 of 129 Page ID #:1809 fair and balanced,” messaging reporters personally or enlisting communications representatives to fight for corrections. One editor at a major US-based media outlet described the behavior as “active and aggressive,” noting that Musk’s communications representatives reached out to the highest levels of the company’s editing and business structure to complain about coverage. (That editor did not want his publication to be identified, fearing that Musk’s companies would cut off contact.) People familiar with Musk who spoke with BuzzFeed News didn’t see much of a difference between these blowups and Musk’s recent behavior. “Pravduh.com,” Musk’s hypothetical website for crowd-ranking journalism, simply “takes an ongoing fight with the press to a new level,” said one former staffer. Mark Brake / Getty Images Exhibit 35 Page 596 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 12 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 59 of 129 Page ID #:1810 This obsession with the media makes working in communications under Musk, whether at Tesla or SpaceX, an unpredictable and grueling gig. Multiple former staffers recalled being kept up late or woken up in the middle of the night because Musk was upset about a headline or an article. Two other former senior employees described Musk as notoriously thinskinned. “He'll read an obscure critical post by, like, some Belgian blogger at 3 in the morning and he'll wake up people on the comms team and demand this person be crushed,” one former employee said. “It's all utterly disproportionate in response.” “You don’t sleep very much when you’re in communications at Tesla, because you don’t know what’s going to happen,” said another former worker. While some CEOs expect their communications team to draft emails, write speeches, and proofread tweets, Musk’s style is totally off the cuff. People who worked with him described being afraid to contradict or correct him. Said one former employee, “My experience was is that he is his own chief communications officer.” Asked about Musk’s relationship with his communications team, a second Exhibit 35 Page 597 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 13 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 60 of 129 Page ID #:1811 person who worked closely with Musk said, “What comms team? I think the comms team is just Elon.” Another former employee recalled one of Musk’s latenight Twitter excursions in January 2012 when, unbeknownst to anyone at the company, he hinted at a separation from then-partner Talulah Riley. Hannah Elliott, then a reporter for Forbes magazine, saw the tweet the next morning and messaged Musk, leading the Tesla CEO to call her and divulge more about his personal life without notifying his communications staff. After finding out later that day, Tesla’s PR team went into damage control mode, leading Musk to call Elliott back and ask that she not use some of the more personal details that he discussed during their conversation. More recently, Musk has clashed with his PR staff over Tesla’s communication around its cars’ driverassistance feature, Autopilot. In May 2016, following coverage around the death of a driver in Florida whose vehicle was on Autopilot, Musk urged his team to fix the narrative with outlets honing in on the fact that that it was one of the first known automobile deaths of its kind. While he wanted his company’s response to focus on statistics — noting the seeming lower rate of fatalities on Autopilot — those internally urged Musk to be more compassionate to customers, particularly the victim. Exhibit 35 Page 598 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 14 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 61 of 129 Page ID #:1812 Ultimately, Musk won out. In a blog post titled “A Tragic Loss” on June 30, the company detailed how the first known fatality on Autopilot took 130 million miles compared to an average 94 million per US driving fatality, before noting in the last paragraph that “the customer who died in this crash had a loving family and we are beyond saddened by their loss.” Musk also began defensively tweeting about Autopilot that July, focusing on the numbers and sharing examples of how Autopilot may have saved a life, while a second company blog post, cutely titled “Misfortune,” attempted to shoot holes in a story by Fortune magazine. “It felt like a cover-our- ass moment, rather than a moment to show we care about our customers,” said one former employee. “Elon is an engineer and that’s how he views the world,” that person continued. “But sometimes he lacks that compassion and empathy.” The lack of control and continual need to put out PR fires wore on professionals, even those who personally liked Musk and believed in the missions of Tesla and Exhibit 35 Page 599 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 15 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 62 of 129 Page ID #:1813 SpaceX. Tesla is known for a high rate of turnover, and some communications staffers only last a few months. Some have done multiple stints, though have left or were fired after clashing with the chief executive. Three people familiar with Musk’s communications team independently compared the pressure and publicity, and chaos of the job to working in President Donald Trump’s White House. Despite the outbursts and late-night tweets, there's a sense, even among some employees who've departed the company, that Musk and his companies are engaged in a noble effort to push the boundaries of science and technology. One former employee likened him to “a martyr” for the cause of "leaving the world a better place." In many cases, former employees suggest that they've overlooked and excused erratic behavior, dismissing it as a side effect of the stress of the enormous tasks at hand. "Inaccuracies eat at him obsessively," a former employee said, noting that when he berated reporters, government officials, and analysts, it's because "he's frustrated by those who waste his time with things they should know." Even employee firings and Musk's penchant for distancing himself from employees are rationalized. "I would never say he has this controlling desire to do all the things, a former employee said. "He frankly just loses confidence that others can do it. Exhibit 35 Page 600 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 16 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 63 of 129 Page ID #:1814 And hey, who is to blame him? He's the smartest guy in the room." “People are both proud to be there and also well aware that this is a CEO who is extraordinarily difficult to work with,” said a person who worked for Musk. “Very few work for Elon and imagine they'll work there long-term.” Vcg / Getty Images Musk no longer has to worry that press coverage will focus on other employees; after years in the spotlight, he is now inseparable from any story about his companies — good or bad. So strong is his tie to the brand that new employees at Tesla’s automotive factories and sales division play quiz games during Exhibit 35 Page 601 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 17 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 64 of 129 Page ID #:1815 orientation where they can earn prizes for knowing personal facts about the CEO, like where he went to school. Yet this asset is poised to become a liability for Musk, especially as his companies mature and pressure rises. Some who’ve worked with him see his recent online behavior as a defensive attempt to rally his fans around him at a moment of increased scrutiny. “His focus is increasingly on the group that’s bought into his vision already,” a former senior employee said. “It’s just like how Trump throws red meat to the base at his rallies. If you go on Reddit every time Elon reams out a journalist, they love it and they cheer him on.” Another former employee said that there have been internal pushes to shift Tesla’s messaging to make it more about the brand than its billionaire founder, something that even Musk initially seemed willing to try following a string of escalating encounters around car battery fires and Tesla’s battery factory. But implementing that was difficult, they said. Musk rarely lets the communications department highlight other executives at the company in positive media stories about Tesla, while the public has become accustomed to seeing and hearing every announcement about the company from the chief himself. Exhibit 35 Page 602 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 18 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 65 of 129 Page ID #:1816 Instead, Musk appears to be doubling down on himself. Three former senior employees said Musk has a habit of pushing out employees who disagree with him, and that policy has left him critically isolated during a crucial period for Tesla. In the last year, the company has been shorn of its head of global sales, vice president of finance, and head of Autopilot. Doug Field, the engineering executive who was overseeing the production of the Model 3, stepped aside so that Musk could take over. “If you said no, you're out,” one person who worked closely with Musk told BuzzFeed News. “He'd find someone who said yes." (A fourth former employee disputed this, but still noted that he’ll push hard to get his way.) Afp / AFP / Getty Images Exhibit 35 Page 603 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 19 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 66 of 129 Page ID #:1817 In the weeks since he blew up at analysts on an earnings call, Musk has tempered slightly. During a June 5 shareholder meeting, he said on stage that his CFO, Deepak Ahuja, and general counsel, Todd Maron, told him, “You have to watch what words you use in these situations,” and implied that he’s trying to change his ways. Even former staffers who spoke admirably about Musk suggested that — despite running three companies and ambitions to save the planet and explore others — his greatest shortcoming as a leader is his inability to withstand criticism. “He’s brilliant but his greatest weakness is that defensiveness and an obsessive need to correct the record, rather than just bite the bullet.” “Consider Tim Cook or Zuckerberg,” another former employee said. “There are hundreds of websites and stories dedicated to making fun of or criticizing them. They hardly lose sleep over it. But Elon’s different.” And it is precisely that weakness, according to some who’ve worked with him, that is now showing. “He's getting in his own way more now,” the former employee noted. Today, the drawbacks of linking a corporate brand so inextricably to an executive are being thrown into Exhibit 35 Page 604 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 20 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 67 of 129 Page ID #:1818 sharp relief. During a crisis, for example, there’s no one else from the executive bench who’s expected to step up and take the blame, said a former staffer. “With layoffs and profitability being bad, people will focus more and more on his personality,” this person said. “That's the issue of being CEO-centric.” This former senior employee expressed frustration watching Musk from afar. “He’s picking nonsense fights with reporters who should be natural allies — who’re actually excited about what he’s doing,” they told BuzzFeed News. “He’s alienating those who could be out advocating for him and the coverage about Elon has fully become about the coverage and not what he’s building.” Other employees felt the same way about the doubleedged sword that is having Elon Musk for a boss. “It’s the reason it’s great, and it’s also a risk,” said one. “It’s the same with any company that’s so strongly identified with any one individual. If you talk to any risk management expert, they’ll tell you that’s a risk. But that’s the way the company’s run, so that’s the way it is: Elon is the company, and the company is Elon.” ● Exhibit 35 Page 605 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Elon Musk Has Always Been At War With The Media Page 21 of 21 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 68 of 129 Page ID #:1819 Joshua Lott / Getty Images Exhibit 35 Page 606 https://www.buzzfeednews.com/article/carolineodonovan/elon-musk-tesla-spacex-war-pre… 9/12/2019

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 69 of 129 Page ID #:1820 EXHIBIT B Exhibit 35 Page 607

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The Cave Rescuer Elon Musk Called A "Pedo" Has Lawyered Up And Is Preparing A Li… Page 1 of 6 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 70 of 129 Page ID #:1821 Ryan Mac Exhibit 35 Page 608 https://www.buzzfeednews.com/article/ryanmac/the-british-diver-elon-musk-called-a-ped… 9/13/2019

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The Cave Rescuer Elon Musk Called A "Pedo" Has Lawyered Up And Is Preparing A Li… Page 2 of 6 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 71 of 129 Page ID #:1822 David Paul Morris, Getty Images A British man, who Elon Musk called a “pedo” on Twitter, has retained legal counsel and is “preparing a civil complaint for libel” against the Tesla CEO, according to a letter viewed by BuzzFeed News. The letter appears to contradict a claim Musk made on Twitter on Tuesday that he had yet to see any legal repercussions from his allegations, and deepens the problems for the already embattled technology billionaire. A lawyer for Vernon Unsworth, a UK citizen who was instrumental in the rescue of 12 children trapped in a cave in Thailand, sent Musk a letter earlier this month notifying him of a possible lawsuit, after the Tesla chief’s outburst against his client in July. Musk previously made the allegations against Unsworth without any evidence, before issuing an apology and deleting the offending tweets. On Tuesday, the Tesla and SpaceX founder reignited the controversy on the social network by suggesting that Unsworth’s lack of legal action against him constituted something suspicious and that his original allegation of pedophilia should be investigated. BuzzFeed News, however, confirmed that Unsworth retained legal representation and sent Exhibit 35 Page 609 https://www.buzzfeednews.com/article/ryanmac/the-british-diver-elon-musk-called-a-ped… 9/13/2019

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The Cave Rescuer Elon Musk Called A "Pedo" Has Lawyered Up And Is Preparing A Li… Page 3 of 6 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 72 of 129 Page ID #:1823 Musk a letter dated Aug. 6 detailing a possible lawsuit for the “false and defamatory statements.” “You published through three different tweets to your twenty-two million followers that Mr. Unsworth engages in the sexual exploitation of Thai children, and you did so at a time when he was working to save the lives of twelve Thai children,” writes Unsworth’s lawyer L. Lin Wood, an Atlanta-based defamation expert. “You did so without any basis. According to a subsequent Twitter post, you did so out of anger.” The possible lawsuit highlights the dangers that Musk could face for his increasingly erratic behavior on Twitter, which has landed him in hot water on multiple occasions in 2018. Earlier this month, Musk unexpectedly tweeted that he was exploring the possibility of taking Tesla private and that he had “funding secured” to do so, igniting a public market frenzy. The bid ultimately went nowhere, and the Securities and Exchange Commission is now reportedly investigating Musk and Tesla over the bizarre sequence of events. When contacted over email by BuzzFeed News, Musk did not address the legal letter he received. “Have you actually done any research at all?” he wrote. “For example, you incorrectly state that he is a Exhibit 35 Page 610 https://www.buzzfeednews.com/article/ryanmac/the-british-diver-elon-musk-called-a-ped… 9/13/2019

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The Cave Rescuer Elon Musk Called A "Pedo" Has Lawyered Up And Is Preparing A Li… Page 4 of 6 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 73 of 129 Page ID #:1824 diver, which shows that you know essentially nothing and have not even bothered to research basic facts.” BuzzFeed News confirmed with a source familiar with Unsworth that the cave rescuer has diving experience and maintains all the necessary diving equipment. A copy of the letter sent to Musk’s Los Angeles home from L. Lin Wood, a lawyer representing British diver and cave rescuer Vernon Unsworth. L. Lin Wood A Tesla spokesperson did not immediately respond to a request for comment. A representative for Wood Exhibit 35 Page 611 https://www.buzzfeednews.com/article/ryanmac/the-british-diver-elon-musk-called-a-ped… 9/13/2019

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The Cave Rescuer Elon Musk Called A "Pedo" Has Lawyered Up And Is Preparing A Li… Page 5 of 6 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 74 of 129 Page ID #:1825 also did not immediately respond to a request for comment. Unsworth did not respond to BuzzFeed News’ request for comment. Reached by Sky News on Wednesday, he told the British news outlet “it’s all being dealt with, that’s all I can say.” Musk’s spat with Unsworth began last month, after the British diver and spelunker dismissed Musk’s attempt to build a submarine to rescue Thai boys trapped in an underwater cave as a publicity stunt in an interview. Following that, Musk took to Twitter to suggest that Unsworth was in Thailand to engage in the sexual exploitation of minors and then directly called him a “pedo guy.” In a third tweet, he told another Twitter user that he’d “bet a signed dollar it’s true.” All three of those tweets were eventually deleted, with Musk tweeting out an apology in July stating “his actions against me do not justify my actions against him.” In interviews with other outlets, Unsworth was not clear if he would pursue action against Musk. His lawyer’s letter from earlier this month is the clearest indication that he is seriously considering a lawsuit if Musk does not move to “see the public record corrected.” Exhibit 35 Page 612 https://www.buzzfeednews.com/article/ryanmac/the-british-diver-elon-musk-called-a-ped… 9/13/2019

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The Cave Rescuer Elon Musk Called A "Pedo" Has Lawyered Up And Is Preparing A Li… Page 6 of 6 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 75 of 129 Page ID #:1826 It’s unclear if Musk has seen the letter, which was sent to his Los Angeles home, but on Tuesday he wrote in an argument with another Twitter user that it was odd that Unsworth had not sued him yet, suggesting that the British man would have done so if there was an allegation worthing pursuing. “You don’t think it’s strange he hasn’t sued me?” he wrote. “He was offered free legal services.” “Did you investigate at all?” Musk continued in another tweet, asking the other Twitter user if he’d taken the time to investigate the previous, groundless allegations that he had made against Unsworth. “I’m guessing answer is no. Why?” The story has been updated with a comment from Tesla CEO Elon Musk. Exhibit 35 Page 613 https://www.buzzfeednews.com/article/ryanmac/the-british-diver-elon-musk-called-a-ped… 9/13/2019

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 76 of 129 Page ID #:1827 EXHIBIT C Exhibit 35 Page 614

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 1 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 77 of 129 Page ID #:1828 Ryan Mac Mark Di Stefano John Paczkowski Exhibit 35 Page 615 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 2 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 78 of 129 Page ID #:1829 British caver Vernon Unsworth at the Tham Luang cave complex during a search for members of a soccer team and their coach in Thailand in June. Soe Zeya Tun / Reuters Tesla CEO Elon Musk has renewed his attacks against a British man who played a key role in the rescue of a youth soccer team trapped in a flooded cave in Thailand. Musk last month apologized for accusing Vernon Unsworth of pedophilia after the diver questioned the value of Musk’s contribution to the rescue, a small submarine that ultimately went unused. But in a series of emails to BuzzFeed News, Musk repeated his original attacks on Unsworth — and made new and specific claims, lambasting the rescuer as a “child rapist” who had moved to the Southeast Asian country to take a child bride. Unsworth denied Musk's accusations through his attorney. Though Musk prefaced one email with “off the record,” BuzzFeed News did not agree to that condition of the correspondence. (Per common Exhibit 35 Page 616 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 3 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 79 of 129 Page ID #:1830 journalistic practice, a conversation is off the record only if both parties agree to the terms. ) BuzzFeed News first emailed Musk last Wednesday to ask for comment regarding a legal threat made by Unsworth’s lawyer in August after the Tesla CEO renewed his apparently evidenceless criticism of the rescuer in a Twitter argument the day before. Musk responded without addressing the substance of the legal threat. BuzzFeed News followed up twice, once on Wednesday and once on Thursday, and Musk responded with two separate emails. “I suggest that you call people you know in Thailand, find out what’s actually going on and stop defending child rapists, you fucking asshole,” Musk wrote in the first message. “He’s an old, single white guy from England who’s been traveling to or living in Thailand for 30 to 40 years, mostly Pattaya Beach, until moving to Chiang Rai for a child bride who was about 12 years old at the time.” Exhibit 35 Page 617 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 4 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 80 of 129 Page ID #:1831 “As for this alleged threat of a lawsuit, which magically appeared when I raised the issue (nothing was sent or raised beforehand), I fucking hope he sues me,” he added. It is unclear why Musk believes the allegations against Unsworth or what evidence he has to support them. Musk did not provide proof of his claims to BuzzFeed News, and BuzzFeed News could not verify any of the claims after reporting on Unsworth’s background. BuzzFeed News The Tesla CEO’s continued campaign against Unsworth offers a glimpse into the new ability of some of the world’s wealthiest and most powerful figures to directly attack private citizens who cross them — and will test the capacity of traditional legal tools against them. “Elon Musk can tweet his vindictive and vicious lie about Mr. Unsworth a hundred times and it will still be a lie,” Unsworth’s lawyer, L. Lin Wood, wrote in a Exhibit 35 Page 618 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 5 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 81 of 129 Page ID #:1832 statement. “After deleting the initial accusation and tweeting an apology, Mr Musk has continued to republish his false and unsupportable accusation. His conduct demonstrates that his recklessness is intentional and designed to harm Mr. Unsworth.” A spokesperson for Tesla did not immediately return a request for comment on Musk's newest allegations, and referred to a previous statement issued by the board in response to a question about its support for the company's CEO. The feud began in July when Musk tweeted that Unsworth was “a pedo guy” after the rescuer called the billionaire’s attempt to use a custom-designed submarine in the rescue effort a “publicity stunt.” Musk later apologized and deleted this tweets, but revisited the claim last week in an argument on Twitter, asking why Unsworth hadn’t sued yet if the accusations were indeed untrue. BuzzFeed News then reported that Wood had actually sent Musk a letter warning of a possible defamation suit in early August. Musk’s renewed attacks on Unsworth come after a series of erratic public gestures, notably a widely publicized suggestion that he would take Tesla private and the narration of his home life by the rapper Azealia Banks. And the new accusations leveled at Unsworth threaten to undermine a recent charm offensive intended to frame the CEO’s erratic Exhibit 35 Page 619 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 6 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 82 of 129 Page ID #:1833 behavior as the actions of an overworked luminary struggling to maintain his world-changing businesses. It’s been a particularly difficult summer for the billionaire, marked by Tesla’s missed production goals, clashes with reporters, and his failed attempt to take his car company private. Despite that, Musk still managed to maintain a dispute with Unsworth, a 63-year-old cave explorer and diver, whom he has now accused of taking a child bride. BuzzFeed News could find no evidence to support that claim, and Musk did not provide any documentation to support his accusations. Publicly available legal documents do nothing to support Musk’s claims: BuzzFeed News could not immediately locate any criminal records for Unsworth in the UK. Separately, a Thai immigration official named Ploy Pailin told BuzzFeed News that an individual on a visa would likely not have it renewed if they had been found guilty of criminal activity in the country. Pailin also said that while foreigners applying for visas in Thailand do not undergo mandatory background checks, those who are found guilty of serious crimes are often blacklisted by the government and can be removed from the country. Exhibit 35 Page 620 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 7 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 83 of 129 Page ID #:1834 BuzzFeed News BuzzFeed News also spoke with Woranan Ratrawiphukkun, a Thai woman who is Unsworth’s longtime girlfriend. She said she had been with Unsworth for more than seven years and has posted numerous photos about their relationship on social media dating back several years. Unsworth, she added, spends part of the year in Thailand and part of the time in the UK. Ratrawiphukkun, who said she is 40, declined to comment on Musk’s allegations against Unsworth, and referred a reporter to his lawyers. Among Musk’s other claims about Unsworth is that he was not part of the actual dive team in the Thailand cave rescue. While Unsworth did not dive for the mission, media reports and other people who were part of the rescue cited the Brit as instrumental to the effort, as he had previously mapped and explored Exhibit 35 Page 621 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 8 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 84 of 129 Page ID #:1835 some of the cave system and recruited some of the divers who went into the cave. “He may claim to know how to cave dive, but he wasn’t on the cave dive rescue team and most of the actual dive team refused to hang out with him,” Musk wrote in one email. In another email in which Musk wrote “on background” — BuzzFeed News again did not agree to these terms — the Tesla CEO said, “Never saw Unsworth at any point. Was told he was banned from the site.” A British diver on the rescue mission who had previously been in contact with Musk, Rick Stanton, denied those claims. “I've no idea what gave you those concerns about Vern,” Stanton wrote over Facebook Messenger. “They are completely unfounded. He was never kicked off site by anyone and worked continuously on the rescue for the full duration. He was pivotal to the entire operation.” Two Australian specialists who were brought in by the Thai government to aid the Thai cave rescue operation, Richard Harris and Craig Challen, also rejected Musk’s allegation. “Vern seemed like an excellent guy and absolutely vital to the mission,” said Harris, who, with Challen, Exhibit 35 Page 622 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” And… Page 9 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 85 of 129 Page ID #:1836 helped in the sedation of the Thai boys before they were brought out of the cave by the British divers. “You must be confusing him with someone else.” “He was pivotal with his knowledge of the cave. [The] rescue wouldn’t have happened without him recommending the Brits were called,” Harris said. Photos and videos posted on Facebook by Woranan and members of the local Thai news media show Unsworth at the site through the duration of the operation, which lasted more than two weeks in the country’s Chiang Rai province. Some of those photos show Unsworth posing with other British members involved with the rescue. In his second email to BuzzFeed News, Musk commented on Unsworth’s interview with CNN. “Unsworth also said I was asked to leave by the Thai govt, which is utterly false. Thai Prime Minister thanked me personally per attached docs. I went all the way to area 3 with the Thai SEAL team, who were awesome.” Unsworth did say that Musk was asked to leave the cave in the interview, but did not specify who had asked him. Exhibit 35 Page 623 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 10 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 86 of 129 Page ID #:1837 Musk also supplied a letter to BuzzFeed News from the Thai prime minister thanking him for his team’s involvement in the rescue. “I wish to convey my deep appreciation to you and your engineering team for your expeditious and extraordinary efforts in constructing the Space-X mini-submarine 'Wild Boar' to assist the rescue operation of the Moo Pa Academy Football team trapped in Tham Luang Cave, Chiang Rai province,” wrote General Prayut Chan-o-cha. Exhibit 35 Page 624 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 11 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 87 of 129 Page ID #:1838 Elon Musk provided to BuzzFeed News In addition, Musk claimed that the mini-sub, which ultimately was not used in the rescue, was built to Stanton’s specifications, and that it was not deployed only because too much water had been drained from the cave. Stanton, however, denied that was the reason, and said he did not recall providing exact specifications to Musk. Exhibit 35 Page 625 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 12 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 88 of 129 Page ID #:1839 “We didn't use the tube because rescue operations were already well underway and it didn't have the necessary life support systems,” Stanton said to BuzzFeed News on Facebook Messenger. “Essentially, it wasn't developed enough. I do think it has promise in certain situations and I hope they keep working on it to get it in shape for evaluation and to be considered as a viable alternative in future underwater rescue scenarios.” In another claim, Musk noted that “the alleged threat of a lawsuit” from Unsworth “magically appeared when I raised the issue” on Twitter last week and that nothing had been sent prior to his outburst. L. Lin Wood, Unsworth’s lawyer, provided BuzzFeed News with confirmation showing that he had sent a note titled “Fwd: Defamation of Vernon Unsworth” containing the legal letter to the appropriate email address for Musk’s office at SpaceX on Aug. 6. BuzzFeed News corresponded with the Tesla and SpaceX CEO at a separate, personal email address that two sources confirmed belonged to Musk. One source, who had previously worked for Musk, noted that the email address can be accessed by the billionaire and his assistants. The source noted that it was not uncommon for Musk to personally respond to reporters and other people through that account. Exhibit 35 Page 626 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 13 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 89 of 129 Page ID #:1840 Wood did not respond to questions asking him to more specifically address each of Musk’s accusations, but suggested that he was moving closer to legal action. “Today the rich and powerful seem all too ready to tweet falsities in the hope and expectation that their wealth and position will protect them,” he wrote in a statement. “Pedophilia is too serious an issue to leave unchallenged. If Mr. Musk believes his wealth affords him protection from his lies and Twibels, he is sadly mistaken.” Here are the emails Elon Musk sent to BuzzFeed News reporter Ryan Mac From: Elon Musk < redacted > Date: Thu, Aug 30, 2018 at 6:43 PM Subject: RE: BuzzFeed News: Unsworth legal letter To: "ryan.mac@buzzfeed.com" Off the record I suggest that you call people you know in Thailand, find out what’s actually going on and stop defending child rapists, you fucking asshole. He’s an old, single white guy from England who’s been traveling to or living in Thailand for 30 to 40 years, mostly Pattaya Exhibit 35 Page 627 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 14 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 90 of 129 Page ID #:1841 Beach, until moving to Chiang Rai for a child bride who was about 12 years old at the time. There’s only one reason people go to Pattaya Beach. It isn’t where you’d go for caves, but it is where you’d go for something else. Chiang Rai is renowned for child sex-trafficking. He may claim to know how to cave dive, but he wasn’t on the cave dive rescue team and most of the actual dive team refused to hang out with him. I wonder why ... https://www.google.com/search? q=chiang+rai+child+trafficking&ie=UTF-8&oe=UTF-8&hl=enus&client=safari As for this alleged threat of a lawsuit, which magically appeared when I raised the issue (nothing was sent or raised beforehand), I fucking hope he sues me. *** From: Elon Musk < redacted > Date: Thu, Aug 30, 2018 at 7:16 PM Subject: Fwd: Letters To: "ryan.mac@buzzfeed.com" On background Unsworth also said I was asked to leave by the Thai govt, which is utterly false. Thai Prime Exhibit 35 Page 628 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 15 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 91 of 129 Page ID #:1842 Minister thanked me personally per attached docs. I went all the way to area 3 with the Thai SEAL team, who were awesome. Never saw Unsworth at any point. Was told he was banned from the site. It is also total bs that the mini-sub wouldn’t fit through the caves. It was designed and built to specifications provided to me directly by Stanton and the actual dive team. The only reason it wasn’t used was that they were able to drain almost all the water out of the caves, so the underwater portion was very short, and the monsoon arrived later than expected. Those pumps were critical. Some of the Tesla team helped with electrical power, but major credit to whoever provided those pumps. They were amazing. I’m told they were from some company in India. Exhibit 35 Page 629 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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In A New Email, Elon Musk Accused A Cave Rescuer Of Being A “Child Rapist” An… Page 16 of 16 Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 92 of 129 Page ID #:1843 Exhibit 35 Page 630 https://www.buzzfeednews.com/article/ryanmac/elon-musk-thai-cave-rescuer-accusations… 9/13/2019

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 93 of 129 Page ID #:1844 EXHIBIT 36 EXHIBIT 36 Exhibit 36 Page 631

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 94 of 129 Page ID #:1845 From: Erica Chen [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP Sent: {FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=F37D6BAB915D4703A7F37A979FB707E9-ERICA CHEN ] 7/16/2018 4:31:12 PM To: Subject: DL-USComms [dl-uscomms@tesla.com] Re: Coverage on E's tweet Associated Press reports Elon "has fought back, often around the clock on Twitter," but he "may have gone one tweet too far." Jalopnik wonders, "How can someone be so accomplished, so successful, so adored by so many people and yet still be so wildly, uncontrollably insecure that any amount of entirely reasonable criticism triggers a response like this?" Representatives of T. Rowe Price, Fidelity Investments and Baillie Gifford - Tesla's three largest shareholders, behind Musk himself - declined to comment. Gene Munster said the tweets raised questions about Elon's distractibility and "maturity," adding, "This crossed a line, and it needs to stop." Gordon Johnson, the managing director of investment research firm Vertical Group, said, "This thing is unraveling," adding, "You had a very big shareholder last week say they want him to focus on executing and stop with the tweets - and then, this weekend, you get more tweets. What's his angle? What is he doing? ... He keeps promising all of these things, and he keeps missing, and he's not being held to task." AP also mentions, "For the first four months of the year, Musk was averaging around 100 tweets per month. But the tweets spiked to about 400 per month starting in May as Musk was under pressure to raise production of the Model 3." R,an M~c~ tlf1f~A~~\·1-tj -, Jh Thit'\{~ Ek.in l\>kIB-1-t ha, d,~ in ti'iB' kmt mwtth ;;irtoa w~ pt,bl.ishs't\1 lhis story; -Accused a fu"'P{)ttw of "dk.cting wui'i s,"l01t £$iteffl -0$f,$idad his -d:{)naii~~ 1~ GOP ~tlct:ff~s -C-a1oo .,. rn~e ,:tiver a ~k>--priiie emn Mlfflk Has Nwfl'i'S ·Seim At War~ nm Mooia Soma say Mw..k's p&rarlOO'! and ~nlgi'rt Tuti!ter rartis ~ a bll!km.alre crrut~ng ·!.l!lOOr proswr~. Bi:rt tnooe woo ·know him best ff/ ttlls is notl'lirt« ~ood .oom Associated Press, Elon Musk's Social Media Conduct May Be Bad for His Business Bloomberg TV, Musk's Twitter Controversy The Washington Post, Elon Musk's ''pedo" attack rattles Tesla investors: "This thing is u nraveling"_ MarketWatch, Tesla shares, at lowest l n six ·weeks, fall further in late trading Business Insider, Tesla slides after an eventful weekend for Elon Musk Fast Company, Elon Musk ;:iccuses Thai cave rescue diver of being a pedophile SF Chronicle, Uon Musk's "pedo guy" cave tweet could hurt Tesla The Mercury News, Has Elon Musk 1wne too far with tweet about Thai cave rescue diver? Exhibit 36 Page 632 TESLA000269

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 95 of 129 Page ID #:1846 Jalopnik, Now We Know For Sure: Elon Sucks Uke All These Jackasses Suck The Daily Beast, Ekm Musk Joins the Fringe Right in CaHing Hb Foe a 'Pedo' Futurism, Electric C:irs Ar0. Too Important For Elon Musk to Put at Risk From: Erica Chen Date: Monday, July 16, 2018 at 1:19 PM To: DL-USComms Subject: Re: Coverage on E's tweet Media continue to cover E's tweet, with some stories mentioning that the "outburst" comes "just a week after he said in a Bloomberg interview that he would try to be less combative on Twitter." Reuters notes that a number of investors and analysts believe his comments are adding to their concerns that he's distracted from Tesla's main business. James Anderson of Baillie Gifford called the events "a regrettable instance" and said he had reiterated to Tesla the need for "peace and execution" of its core business. GQ comments, "If Musk can't have the credit, he'll make damn sure the other guy doesn't get it, either," while Mashable suggests, "Here's an easy PR strategy: Never tweet. It's not worth it." In an opinion piece, Reuters says "firing him for his 'pedo guy' tweet could precipitate a crisis of confidence among investors. Unlike the eventual ouster of Travis Kalanick at privately held Uber, for a capital-hungry public company that might prove terminal. Directors could consider stripping him of either the chairman or chief executive title. Or they could dock his compensation." The piece adds, "At the very least the board should require him to apologize and perhaps swear off Twitter. To do nothing would send a worrying message: that directors are unwilling or unable to rein in Musk's more troubling traits." KBB analyst Rebecca Lindland believes his comments could hurt sales and ultimately anger investors. "When you're looking to expand the appeal of your product beyond innovators themselves, beyond early adopters ... you've got to be careful," she said, "You've got to start acting like a CEO." Reuters, Tesla shares faH 3.5 percent after CEO Musk abuses British diver Reuters BreakingViews, Ube! risk Financial Times, Tearnwork in Thailand triumphs over solo ego.. [full text below] NY Daily News, Uon Musk tries to help, but does not alwavs succeed CNN, Will Elon Musk's antics hurt his businesses'? CNN, Elon Musk makes unfounded accusation against Thal cave rescuer Fortune, Elon Musk Spins Out of Control The Onion, Elon Musk Insists He'd Be Much More Innovative Pedophile Than Thailand Rescue Worker Business Insider, Elon Musk is at the center of an astonishing number of bizarre news stories and public feuds - here are all of the Tesla CEO's unusual recent moments in the spotlight Forbes, Will The Re

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 96 of 129 Page ID #:1847 Financial Times, Teamwork in Thailand triumphs over solo ego Elon Musk plays an understudy role in underwater cave rescue In a year dominated by geopolitical gloom, there has been one unabashed moment of celebration. The rescue of 12 Thai boys and their football coach from a deep underwater cave was a global triumph. It was an act of engineering and strategic brilliance. The international divers acted selflessly in lethal circumstances where success was by no means guaranteed. Leaders and citizens across the world have lauded their achievement. Nearly everyone, that is, except Elon Musk. The tech entrepreneur and chief executive of Tesla inserted himself into the crisis by offering a "mini-submarine" he had constructed to save the children. The experts deemed his solution inappropriate. Vern Unsworth, one of the British divers behind the rescue, decried Mr Musk's efforts as a "PR stunt" that had "absolutely no chance of working". Despite his billions and an army of 22m Twitter followers, Mr Musk was overruled by the experts. He did not take well to being told to go away. Over the weekend, Mr Musk tweeted that Mr Unsworth (who is threatening to sue for libel in return) was a "pedo guy" and pledged to take his pod to the cave anyway to prove he was right. His desire to come out on top of this argument speaks to the feral instincts of his natural Silicon Valley home, where the winner frequently takes all. In technology, human lives tend not to be directly at stake. Such an emergency calls for imagination, flexibility and timeliness - not grandstanding and the worst of tech's "move fast and break things" ethos. By defaming Mr Unsworth, widely celebrated as a hero, Mr Musk has revealed a less appealing side to his character that should not escape the attention of investors. Such personal insults suggest he had at least one eye on enhancing his own reputation through this crisis. This dispute represents two different worlds colliding. The rescue operation was a team effort; the divers who rescued the boys brought expertise from Australia, Scandinavia, Belgium and the US. They worked tirelessly together towards a common goal. The rescue team is proof of the advantages in having expertise in a specific field. The divers and rescue specialists knew what had to be done to save the boys and set about it methodically. Mr Musk, on the other hand, believes in the value of bringing fresh eyes to complex challenges. Yet it would be naive to think that any individual alone was best equipped to deliver salvation. Mr Musk's intervention also exposes one flaw in "flat hierarchy", the slimline management structure favoured by Silicon Valley. If team members defer to each other's expertise then such a structure can encourage useful collaboration. But reducing layers of management - as Mr Musk has recently done at Tesla - can sometimes allow leaders to t inker and assert their influence counter-productively. His efforts in Thailand suggest this was precisely the tech-man's approach. The drama of the underground rescue - whether the trapped Thai children or the Chilean miners in 2010 - is best managed by largely anonymous individuals working together without ego. They do not depend on chief executives bubbling with optimism and flashy innovations. An offer to help in such a perilous situation is welcome. Rudely asserting one's own authority at the expense of the team is not. The Thai boys were saved by a systematic collective approach. The intervention of Mr Musk, who has conceded he might be a useful "narcissist", points to the limits of Silicon Valley's "yes, we can" attitude. This was one situation where the last thing a trained team needed was a dose of disruption. Exhibit 36 Page 634 TESLA000271

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 97 of 129 Page ID #:1848 CNN, British rescuer considers legal action against Elon Musk over 'pedo' tweet The Washington Post, Thai cave rescuer considers suing Elon Musk over delet ed ··pedo' tweets Vox, Elon Musk just called one of the Thai cave rescuers a pedophile TIME, A Diver Who Helped Rescue Thai Kids May Sue Elon Musk Over His 'Pedo' Tweet The Guardian, British cave diver considering legal action over Elon Musk's 'pedo' attack Business Insider, The British diver from the Thai cave rescue whom Elon Musk called a 'pedo' is considering suing the billionaire Cnet, Elon Musk's 'pedo guy' tweet fuels polarization problem NBC, Elon Musk caHs Thai cave rescue diver Vern Unsworth a 'pedo' on Twitter Gizmodo, Hero Diver Threatens Lawsuit Against Elon Musk for Calling Him a Pedophile MarketWatch, Uon Musk calls Thailand cave rescue diver a 'pedo' in Twitter outburst The Cut, Elon Musk Spends Relaxing Weekend Calling Thai Cave Rescuer a Pedophile NPR, Elon Musk And British Diver Exchange Harsh Words Over Thai Cave Rescue Newsweek, 'PEDO GUY'·····ELON MUSK FIRES B/\CK /-\T BRITISH DlVER WHO LED RESCUE OF THA l SOCCER TEAM The Hill, British diving experts considers legal action against Elon Musk for calli ng him 'pedo g~~y:. Inc, Elon M usk's Harmful Twitter /\ttack Is a Major Lesson in Emotional !nt:e!!igence Slate, Elon Musk Calls Diver Involved in Thai Cave Rescue Mission a "Pedo" After Diver Criticizes Him Investor's Business Daily, Tesla Stock Falters After Musk Takes Twitter Battles To New Level The Next Web, Dear Elon Musk, delete your Twitter account Autoblog, Elon Musk ca lls Thai cave rescuer a pedophile 011 Twitter Hypebeast, Elon Musk Calls Rescue Diver a "Pedo Guy" in Twitter Outburst HighSnobiety, Elon Musk Calls Cave Diver From Thai Rescue a "Pedo" in Twitter Attack BBC UK, British caver 'could sue' Uon Musk over Twitter attack Daily Mail UK, Tesla stock PLUMMETS after Elon Musk called British d iver \.-Vho rescued Thai soccer team a 'pedo' and was unmasked as a top donor to a Republican PAC The Sun UK, Brit cave hero who saved trapped Thai children threatens to sue Elon Musk for calling him 'a paedo' in vile Tvvitter rant The Wall Street Journal, Tesla CEO Elon Musk Lashes Out at British Cave Rescuer in Latest Twitter Outburst Musk suggested a the diver is a pedophile; "Sorry pedo guy, you really did ask for it" Tesla Inc. Chief Executive Elon Musk for years has used Twitter to combat critics in ways that few other business leaders would dare. His latest outburst on the platform, though, was extreme even by his standards. Mr. Musk took offense at comments from a British cave explorer who dismissed the billionaire entrepreneur's efforts to rescue the youth soccer team trapped in a Thailand cave as an ill-informed public-relations stunt. He suggested the critic, Vern Unsworth, was a pedophile in a tweet Sunday. "Sorry pedo guy, you really did ask for it," read a post on Mr. Musk's official Twitter account early Sunday in response to the explorer's criticism. The post quickly prompted criticism, eliciting a follow-up from Mr. Musk to someone who challenged the statement, which read: "Bet ya a signed dollar it's true." Those posts were deleted later Sunday. A spokesman for Tesla didn't respond to a request for comment. Mr. Unsworth couldn't be reached for comment Monday in Thailand, but he told Australian television that the dispute wasn't finished yet. Tesla shares slid 3.51% to $307.68 in morning trading in New York. It was the latest example of Mr. Musk's aggressive and sometimes controversial use of Twitter. In recent months, he has used the platform to criticize regulators, taunt short-sellers and debate people who criticized his political donations. Exhibit 36 Page 635 TESLA000273

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 98 of 129 Page ID #:1849 From: Erica Chen Date: Monday, July 16, 2018 at 12:26 PM To: DL-USComms Subject: Re: Coverage on E's tweet "A number of analysts and investors, requesting anonymity, told Reuters that Musk's comments are adding to their concerns that his public statements are distracting him from Tesla's main business of producing electric cars." James Anderson of Baillie Gifford called the weekend's events "a regrettable instance" and said he had reiterated to the company the need for "peace and execution" of its core business. "Unsworth's wife told Reuters on Monday that her husband was returning to Britain on July 19, where he will speak to lawyers." "Tesla spokespeople and lawyers did not respond to emails and phone calls from Reuters." Reuters, Te sla shares faH 3.S percent aft er CEO Musk abuses British diver From: Erica Chen Date: Monday, July 16, 2018 at 9:02 AM To: Dl-USComms Subject: Coverage on E's tweet Media report Elon, who "is often quick to attack those who criticize him," is "still mad that h is plan to help out didn't work, " and is "throwing a fit on Twitter" by "baselessly" accusing a British diver " of being a pedophile." The WSJ reports Elon uses Twitter "to combat critics in ways that few other business leaders would dare," but " his latest outburst on the platform, though, was extreme even by his standards." Bloomberg comments, "Controversial outbursts are neith er new nor unusual for Musk, who frequently spars with critics and investors betting against his company," while CNBC calls it "a scathing attack." The Washington Post states that Elon "has been arguing with people who accuse him of shoehorning himself into the drama," which "has, inevitably, led Musk into a rh etorical war with people who actually participated in the rescue operation." Referring to the recent interview with Bloomberg, Vax mentions, "Last w eek, the Tesla CEO said he was going to be better on Twitter. Spoiler alert: He's not." Vernon Unsworth told the Guardian he was " astonished and very angry" at t he attack. Asked if he would consider taking legal action against Elon, he told reporters: "Yes, it's not finished." Unsworth said he had saved copies of Elon' s tweets and believed that he had "lost the plot," adding, "I have a lot of support from people around the world astonished by his unfounded comments." He noted, "I don't know the guy, never met the guy, and don't want t o meet the guy." James Anderson, a partner at Baillie Gifford, Tesla' s fourth -largest shareholder, told the Guardian in an em ail: " I intend to convey my - predictable I trust - f eelings to the company tomorrow." He declined t o elaborate. lf this comirmes, it s.earns like Musk's T'tAtter aDcoum is going to need iD be inc:ludoo on Tesla's Risk fgctm s aemioo of thB earnir19s report Shams are do-.,v n $2 b!Mioo today The Wall Street Journal, Tesl;:i CEO Elon Musk U:ishes Out at Crftit: in L;:itest Twitter Out bur st [full text belo w] Financial Times, Elon Musk at tacks Thai cave rescuer in angry t w eet [full t ext belo w] Bloomberg, Elon Musk Can't Take His Own Advice and Tesla Falls Again CNBC, TeslJ fa lls 2?,{ afh~ r British diver mulls legal Jct ion over Elon Musk's baseless 'pedo guy' cl aim Exhibit 36 Page 636 TESLA000272

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 99 of 129 Page ID #:1850 Mr. Musk's seemingly unfiltered use of the platform is unusual among major CEOs, whose public remarks are generally carefully controlled. The messages are part of a pattern of defiance that has won Mr. Musk many fans and gained him more than 22 million followers on Twitter, to whom he often promotes new products and features or customer questions. The interactions often become hostile. In one particularly testy exchange in May, Mr. Musk fired back at a profane comment directed his way by tweeting at its author: "Does the psych ward know you smuggled in a mobile phone?" In May, he waged a lengthy attack on the media following unflattering articles about Tesla, and announced plans to create a Yelp.com-like website where people can rate the credibility of journalists and news organizations. Mr. Musk said he would name it Pravda, after the former Soviet Union's main propaganda outlet, then changed it to Pravduh. The sheer volume of tweets from Mr. Musk is all the more remarkable given the enormous demands on his attention at Tesla, which has been struggling to sharply increase production of its new sedan, and at his other companies including rocket maker Space Exploration Technologies Corp., or SpaceX. Mr. Musk has defended his use of Twitter, while also suggesting he would adjust. "I have made the mistaken assumption-and I will attempt to be better at this-of thinking that because somebody is on Twitter and is attacking me that it is open season," Mr. Musk said in an interview with Bloomberg Businessweek. "And that is my mistake. I will correct it." Mr. Musk's involvement with the Thai cave drama began on Twitter, when he responded on July 4 to a user asking him to assist in the rescue. He later posted videos of swimming-pool tests in California of a metal tube that his team fashioned to carry the Thai boys out of the flooded cave. Meanwhile, Thai authorities successfully rescued all 12 boys and their coach without Mr. Musk's device. Mr. Musk, who praised the rescue effort, stopped off to visit the cave on a trip to China and said he was leaving the sub in case it could be useful in the future. Mr. Musk chafed at criticism of his effort. "This reaction has shaken my opinion of many people," he tweeted on July 11. "We were asked to create a backup option & worked hard to do so." Late last week, a CNN posted a video in which Mr. Unsworth called Mr. Musk's mini-sub a "PR stunt," saying it "had absolutely no chance of working" because it was too big for the cave. "He can stick his submarine where it hurts," Mr. Unsworth said. Sunday morning, Mr. Musk replied to a tweet citing the comments, saying: "Never saw this British expat guy who lives in Thailand (sus) at any point when we were in the caves," he wrote. "Only people in sight were the Thai navy/army guys, who were great." He then challenged Mr. Unsworth to show a video of the rescue, before adding: "You know what, don't bother showing the video. We will make one of the mini-sub/pod going all the way to Cave 5 no problemo. Sorry pedo guy, you really did ask for it." *** Financial Times, E!on Musk attacks Thai cave rescuer in angry tweet Tesla founder risks serious backlash with unsubstantiated insults Elon Musk's mounting displays of public irritation risked a serious backlash on Sunday, as he resorted to personal abuse on Twitter against one of the divers involved in the Thailand cave rescue. Exhibit 36 Page 637 TESLA000274

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Case 2:18-cv-08048-SVW-JC Document 79 Filed 10/07/19 Page 100 of 129 Page ID #:1851 The entrepreneur behind Tesla and SpaceX addressed the diver directly in a tweet as "pedo guy" , a common abbreviation for a paedophile. It was his most strident comment in weeks of lashing out, bringing accusations that he has misused his powerful position as one of Twitter's most widely followed personalities in order to silence critics. Mr Musk presented no evidence to support his claims. The tweet followed a television interview in which Vern Unsworth, a British diver who lives in Thailand, called Mr Musk's attempts to help in the rescue effort a PR stunt". 11 Mr Musk had instructed his engineers to turn a large canister into an improvised submarine that could be used to ferry the children trapped by rising water in the cave complex. He also visited the site last week, though the rescue capsule was not used and the children were rescued by divers. Asked by reporters what he thought of Mr Musk's submarine idea, Mr Unsworth said: "He can stick his submarine where it hurts." He added that it "just had absolutely no chance of working", since sharp turns in the caves would have blocked the rigid canister. Mr Musk responded on Twitter: "Never saw this British expat guy who lives in Thailand (sus) at any point when we were in the caves." He then challenged Mr Unsworth to produce a video to prove his claim, before writing: "You know what, don't bother showing the video. We will make one of the mini-sub/pod going all the way to Cave 5 no problemo. Sorry pedo guy, you really did ask for it." Twitter's policy against abuse forbids behaviour that "harasses, intimidates, or uses fear to silence another user's voice", though it maintains wide latitude to interpret how the rule is applied. In a standard response, Twitter said its rules "apply to everyone" who uses the service and that "if a violation is found, action should be taken." Mr Musk's attacks on critics have become increasingly outspoken in recent weeks as pressure on him has mounted over production delays at Tesla. With 22.3m followers, his comments are widely seen and sometimes provoke fans into joining the attacks, as happened after a recent tirade against a female journalist he accused of paying for information from a former Tesla employee. Exhibit 36 Page 638 TESLA000275

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Vernon Unsworth v. Elon Musk Document 79: Declaration (Motion related)