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Senate Report: Musk Could Save $2.37B in Legal Risks

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A recent Senate report reveals that Elon Musk’s extensive array of businesses stands to evade over $2.37 billion in potential legal liabilities, largely due to his significant sway within the U.S. government.

Compiled by Democratic staff for the Senate Homeland Security subcommittee on investigations, the report examines the consequences of Musk’s proximity to President Donald Trump and the establishment of the Department of Government Efficiency (DOGE) on his financial interests. The staff sought to estimate the financial impact of Trump’s delegation of power on Musk’s companies, calculating the legal risks faced by The Boring Company, Neuralink, SpaceX, Tesla, and xAI amid ongoing federal inquiries and litigation since Trump took office. The reported figure is described as a “credible, conservative estimate.”

The subcommittee identified 65 “actual or potential” actions targeting Musk and his companies across 11 federal agencies as of inauguration day, estimating financial liabilities for 40 of these cases. Potential liabilities include approximately $1.19 billion for Tesla’s allegedly deceptive statements regarding its self-driving features, $281 million for Neuralink’s claims related to its risks, and more than $630,000 in fines for SpaceX purportedly circumventing rocket launch requirements. Notably, many agencies overseeing Musk’s businesses have faced budget cuts under DOGE.

“Mr. Musk’s position may allow him to evade oversight, derail investigations, and make litigation disappear whenever he so chooses”

In conjunction with the report, PSI Ranking Member Richard Blumenthal (D-CT) issued letters to the five identified companies, requesting their responses by May 11 regarding ongoing federal investigations and litigation, and measures they have implemented to prevent Musk’s governmental engagements from impacting those matters. Additionally, he urged the firms to safeguard relevant communications between their employees and government officials, which may prove significant in future inquiries. While the subcommittee possesses subpoena powers, the Democratic minority would require cooperation from the Republican chair to act against Musk’s companies.

The report states, “Mr. Musk’s position may allow him to evade oversight, derail investigations, and make litigation disappear whenever he so chooses—on his terms and at his command,” referencing the resignation of the former Federal Aviation Administration leader shortly after conflicts with Musk’s SpaceX.

Democratic staff members assert that the $2.37 billion figure significantly underrepresents the potential advantages Musk could realize from avoiding legal risks due to his government ties. This is attributed not only to the 25 pending actions that remain unquantified, but also to the substantial savings that Musk’s companies might gain in legal fees and compliance costs should they be compelled to adjust their corporate practices. Furthermore, the report notes that the estimate does not encompass “many billions of dollars” Musk might secure through new government contracts or the competitive edge obtained by gathering intelligence on rivals.

Additionally, the staff highlights that Musk stands to gain further financial relief from investigations that may be avoided entirely under a Trump administration. They caution that “the cases never filed, investigations quietly neglected, and potential witnesses silenced will be harder if not impossible to detect until Congress is provided with the information it needs.”

Senate Report: Musk Could Save $2.37B in Legal Risks
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