Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 1 of 53 Page ID #:467 1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Alex Spiro (admitted pro hac vice) 2 alexspiro@quinnemanuel.com 51 Madison Avenue, 22nd Floor 3 New York, New York 10010 4 Telephone: (212) 849-7000 5 QUINN EMANUEL URQUHART & SULLIVAN, LLP Robert M. Schwartz (Bar No. 117166) 6 robertschwartz@quinnemanuel.com Michael T. Lifrak (Bar No. 210846) 7 michaellifrak@quinnemanuel.com Jeanine M. Zalduendo (Bar No. 243374) 8 jeaninezalduendo@quinnemanuel.com 865 South Figueroa Street, 10th Floor 9 Los Angeles, California 90017-2543 Telephone: (213) 443-3000 10 11 Attorneys for Defendant Elon Musk 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 15 VERNON UNSWORTH, 16 Plaintiff, Case No. 2:18-cv-08048 17 DECLARATION OF ELON R. MUSK IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT vs. 18 ELON MUSK, 19 Defendant. 20 21 22 23 Judge: Hon. Stephen V. Wilson Complaint Filed: September 17, 2018 Trial Date: December 2, 2019 Hearing Date: October 28, 2019 Time: 1:30 p.m. Courtroom: 10A 24 25 26 27 28 Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 2 of 53 Page ID #:468 1 I, Elon R. Musk, declare as follows: 2 1. I am the defendant in this action. I am the founder and CEO of Tesla, 3 Inc., a publicly traded company, founder and CEO of Space Exploration 4 Technologies Corp. (“SpaceX”), and founder of The Boring Company. I make this 5 declaration of personal, firsthand knowledge, and if called and sworn as a witness, I 6 could and would testify competently thereto. 7 2. I submit this declaration in support of my Motion for Summary 8 Judgment, or in the Alternative, Partial Summary Judgment. 9 10 Request for Assistance in the Thai Cave Rescue 3. On or around June 23, 2018, twelve members of a Thai youth soccer 11 team and their coach went missing in the Tham Luang Cave System in Thailand’s 12 Chiang Rai province. Shortly after they went missing, the Thai government started 13 a search and rescue mission to locate and retrieve the soccer team. I learned of and 14 followed the efforts from press reports. 15 4. On July 3, 2018, Twitter user @MabzMagz asked me to join the rescue 16 efforts and tweeted at my account “if possible can you assist in anyway to get the 12 17 Thailand boys and their coach out of the cave.” A true and correct copy of that 18 tweet is attached hereto as Exhibit A. 19 5. On July 4, 2018, I responded in a tweet, “I suspect that the Thai govt. 20 has this under control, but I’m happy to help if there is a way to do so.” A true and 21 correct copy of that tweet is attached hereto as Exhibit B. 22 6. Over the next day, several of my employees reached out to members of 23 the Thai government, the United States Embassy in Thailand, private companies in 24 Thailand, and members of the rescue dive team to see if there was a way for us to 25 assist. 26 7. After getting confirmation that our assistance would be useful, my team 27 and I then got to work. 28 -1- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 3 of 53 Page ID #:469 1 2 Extensive Work to Develop Rescue Options 8. I mobilized more than 50 of my top engineers, manufacturers, and 3 logistical specialists at SpaceX, Tesla, and The Boring Company to help rescue the 4 stranded soccer team. I also immediately dispatched engineers to the cave system to 5 obtain technical information about the rescue efforts and to assist in formulating a 6 plan. 7 9. Based on the information they obtained about the constantly changing 8 conditions in the cave, my team and I worked on three rescue strategies: surveying 9 the cave system to potentially drill to the trapped boys, providing back-up power 10 sources and water pumps if the weather conditions worsened, and creating three 11 different versions of a mini-submarine that could be used to ferry members of the 12 soccer team through the flooded cave to safety. 13 10. I communicated extensively with Richard Stanton, the leader of the 14 British dive team at the rescue site, regarding the technical needs and specifications 15 of the mission in order to effectively design and engineer the mini-submarine. A 16 true and correct copy of my email correspondence with Mr. Stanton is attached 17 hereto as Exhibit C. 18 11. On July 8, 2018, I emailed Mr. Stanton and stated that if the mini- 19 submarine “isn’t needed or won’t help, that would be great to know.” Mr. Stanton 20 responded that “it is absolutely worth continuing with the development of the 21 system in as timely a manner as feasible. If the ran holds out it may well be used.” 22 See Exhibit C. 23 12. Later that day, Mr. Stanton emailed me that “[w]e’re worried about the 24 smallest lad please keep working on the capsule details.” See Exhibit C. 25 13. Between Friday July 6 and Sunday July 8, I, along with a team of 26 engineers from SpaceX worked on designing, manufacturing, and testing the mini27 submarines. We worked 24-hours a day, and most team members did not leave the 28 Space X facility other than to obtain parts or perform pool tests. Once we -2- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 4 of 53 Page ID #:470 1 completed the most promising versions of the mini-submarine, we flew them 2 approximately 18 hours from Los Angeles to Chiang Rai, Thailand. 3 14. Ultimately, the Thai Navy and dive team were able to rescue the soccer 4 team without use of the mini-submarine. 5 15. I donated the min-submarines and ten power cells to the Thai Navy for 6 use in future rescue missions. My team trained members of the Thai Navy on how 7 to operate the mini-submarines. 8 16. The Thai prime minister personally thanked me and my team for our 9 assistance and efforts. A true and correct copy of a letter that I received from the 10 Thai prime minister is attached hereto as Exhibit D. 11 17. On July 10, 2018, I read a BBC article quoting the former governor of 12 Chiang Rai who claimed that the mini-submarine was “not practical with our 13 mission” to rescue the soccer team. 14 18. The governor was incorrect. I responded to the article in a tweet that 15 included excerpts of my communications with Mr. Stanton. A true and correct copy 16 of the tweet is attached hereto as Exhibit E. 17 18 Unsworth’s False and Derogatory Comments About Me 19. On July 15, 2018, I saw a video of an interview that Vernon Unsworth 19 gave to CNN International. 20 20. In the video, the reporter asked Mr. Unsworth what he thought of my 21 idea to use a mini-submarine to help rescue the stranded soccer team. Mr. Unsworth 22 responded that I “can stick his submarine where it hurts. It just had absolutely no 23 chance of working. [I] had no conception of what the cave passage was like. The 24 submarine, I believe, was about 5 foot 6 long, rigid, so it wouldn’t have gone round 25 corners or round any obstacles. It wouldn’t have made the first fifty meters into the 26 cave from the dive start point. Just a PR stunt.” 27 21. Mr. Unsworth also falsely stated that I was asked to leave the rescue 28 site “very quickly.” -3- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 5 of 53 Page ID #:471 1 22. After watching the video, I googled Mr. Unsworth. I learned from my 2 search that he was a British expatriate who lived in the Chiang Rai province of 3 Thailand. I googled Chiang Rai and read an article stating that it was a well-known 4 hot spot for child prostitution and sex trafficking. 5 6 My July 15, 2018 Tweets 23. On July 15, 2018, I posted three tweets responding to Mr. Unsworth’s 7 false claims and attack on the effort and character of my team and me. True and 8 correct copies of the first three tweets that I posted in response to Mr. Unsworth’s 9 interview are attached hereto as Exhibits F-H. 10 24. In the first tweet, I wrote “Never saw this British expat guy who lives 11 in Thailand (sus) at any point when we were in the caves. Only people in sight were 12 the Thai navy/army guys, who were great. Thai navy seals escorted us in – total 13 opposite of wanting us to leave.” See Exhibit F. 14 25. By referring to Mr. Unsworth as “sus,” I did not intend to convey any 15 facts. I was simply expressing my opinion that Mr. Unsworth seemed suspicious 16 and that he appeared to be a weird guy. 17 26. In my second tweet, I wrote “Water level was actually very low & still 18 (not flowing) – you could literally have swum to Cave 5 with no gear, which is obv 19 how the kids got in. If not true, then I challenge this dude to show final rescue video. 20 Huge credit to pump & generator team. Unsung heroes here.” See Exhibit G. 21 27. In my third tweet, I wrote “You know what, don’t bother showing the 22 video. We will make one of the mini-sub/pod going all the way to Cave 5 no 23 problem. Sorry pedo guy, you really did ask for it.” See Exhibit H. 24 28. By referring to Mr. Unsworth as “pedo guy,” I did not intend to convey 25 any facts or imply that Mr. Unsworth had engaged in acts of pedophilia. “Pedo 26 guy” was a common insult used in South Africa when I was growing up. It is 27 synonymous with “creepy old man” and is used to insult a person’s appearance and 28 demeanor, not accuse a person of acts of pedophilia. -4- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 6 of 53 Page ID #:472 1 29. I did not intend to accuse Mr. Unsworth of engaging in acts of 2 pedophilia. In response to his insults in the CNN interview, I meant to insult him 3 back by expressing my opinion that he seemed like a creepy old man. 4 30. Finally, in response to a tweet referencing the insults I directed to Mr. 5 Unsworth, I sent a fourth tweet on July 15, 2018 that stated, “bet ya a signed dollar 6 its true.” A true and correct copy of that tweet is attached hereto as Exhibit I. 7 31. I deleted all four tweets on July 15, 2018, just a few hours after they 8 were sent. 9 10 My Apology to Unsworth 32. On July 18, 2018, I sent two tweets apologizing to Mr. Unsworth. True 11 and correct copies of those tweets are attached hereto as Exhibit J. 12 13 The Investigation of Unsworth 33. In August 2018, Jared Birchall, the president of my family office 14 Excession LLC, and a close trusted aide, retained James Howard, a private 15 investigator and president of the investigation firm Jupiter Military & Tactical 16 Systems, to conduct an investigation of Mr. Unsworth on my behalf. In July, Mr. 17 Howard sent me an unsolicited email in which he offered to conduct an 18 investigation of Mr. Unsworth. A true and correct copy of that email is attached 19 hereto as Exhibit N. 20 34. Mr. Birchall orally provided me with periodic updates regarding the 21 investigation. 22 35. Shortly after we retained Mr. Howard, Mr. Birchall provided me with 23 disturbing information that the investigator uncovered. For instance, before August 24 28, 2018, Mr. Birchall informed me that the investigator reported that Mr. Unsworth 25 met and began a relationship with his alleged Thai wife when she around twelve 26 years old. Additionally, Mr. Birchall told me that Mr. Howard reported that Mr. 27 Unsworth associated with Europeans who engage in improper sexual conduct in 28 Thailand and had been traveling to Thailand since the 1980’s. -5- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 7 of 53 Page ID #:473 1 36. In addition, in August 2018, Mr. Birchall told me that the investigator 2 learned that Mr. Unsworth frequented Pattaya Beach which is well known for 3 prostitution and sex tourism, and that Mr. Unsworth was unpopular at the rescue site 4 because other rescue workers thought that he was “creepy.” 5 37. The last statement was consistent with a report I received from one of 6 my employees who was present at the rescue that the dive team did not want Mr. 7 Unsworth at the rescue site. 8 38. On August 28, 2018, in response to a tweet from TechCrunch reporter 9 Drew Olanoff that my “dedication to facts and truth would have been wonderful if 10 applied to that time when you called someone a pedo,” I tweeted “You don’t think 11 it’s strange he hasn’t sued me? He was offered free legal services.” A true and 12 correct copy of the twitter exchange is attached hereto as Exhibit K. 13 39. At the time I posted that tweet, I had already learned through Mr. 14 Birchall about the investigator’s troubling initial reports about Mr. Unsworth. 15 16 My “Off The Record” Emails to BuzzFeed 40. On August 29, 2018, Ryan Mac, a reporter for BuzzFeed News, sent 17 me an email requesting a comment on a story that he was writing regarding a 18 demand letter that Mr. Unsworth’s attorney purportedly sent me. I responded to Mr. 19 Mac’s email that morning. A true and correct copy of my email exchange with Mr. 20 Mac is attached hereto as Exhibit L. 21 41. On the evening of August 30, 2018, after I learned from Mr. Birchall of 22 the investigator’s latest reports concerning Mr. Unsworth, Mr. Mac sent a follow-up 23 email. See Exhibit L. 24 42. I replied with two emails to Mr. Mac that evening. 25 43. I wrote “Off the record” at the top of my first email to Mr. Mac. See 26 Ex. L. By writing “off the record,” I explicitly instructed Mr. Mac not to publish the 27 contents of my email. I certainly did not authorize Mr. Mac or BuzzFeed to publish 28 -6- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 8 of 53 Page ID #:474 1 the contents of the email nor did I intend or expect that they would, especially 2 without first independently verifying and confirming its information. 3 44. I wrote that Mr. Mac should “stop defending child rapists.” See Exhibit 4 L. My description of Mr. Unsworth as a child rapist was based on Mr. Birchall’s 5 summary of the investigator’s report that Mr. Unsworth began his relationship with 6 his wife when she was twelve years old. 7 45. I wrote that Mr. Unsworth had been “traveling to or living in Thailand 8 for 30 to 40 years, mostly Pattaya Beach, until moving to Chiang Rai for a child 9 bride that was about 12 years old at the time.” See Exhibit L. This statement was 10 based on Mr. Birchall’s summary of the investigator’s findings. 11 46. I also wrote that “there’s only one reason people go to Pattaya Beach. 12 It isn’t where you go for caves, but it is where you’d go for something else.” See 13 Exhibit L. This statement was based on Mr. Birchall’s summary of the 14 investigator’s findings. 15 47. I wrote that “Chiang Rai is renowned for child sex-trafficking.” See 16 Exhibit L. This statement was supported by and consistent with a Google search 17 that I provided in the email. 18 48. I also wrote that “most of the actual dive team refused to hang out with 19 [Mr. Unsworth].” See Exhibit L. This statement was based on Mr. Birchall’s 20 summary of the investigator’s findings and the report of one of my employees that 21 the dive team did not want Mr. Unsworth at the site. 22 49. At the time I sent the first email to Mr. Mac, I did not know or believe 23 that any statements in the email were false. Nor did I entertain any serious doubts as 24 to their truth. 25 50. I wrote “on background” at the top of my second August 30, 2018 26 email to Mr. Mac. By writing “on background,” I explicitly instructed Mr. Mac not 27 to publish the contents of my email. I did not authorize Mr. Mac or BuzzFeed to 28 publish the contents of the email nor did I intend or expect that they would, -7- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 9 of 53 Page ID #:475 1 especially without first independently verifying and confirming its information. A 2 true and correct copy of my second August 30, 2018 email to Mr. Mac is attached 3 hereto as Exhibit M. 4 51. In my second email, I wrote that I “[n]ever saw Mr. Unsworth at any 5 point. Was told he was banned from the site.” See Exhibit M. My statement that I 6 never saw Mr. Unsworth was true and based on my own observations at the cave 7 rescue site. My statement that I “was told he was banned from the site” was based 8 on the report of one of my employees that the dive team did not want Mr. Unsworth 9 at the site. 10 52. At the time I sent the second August 30, 2018 email to Mr. Mac, I did 11 not know or believe that any statements in the email were false. Nor did I entertain 12 any serious doubts as to their truth. 13 53. I provided BuzzFeed and Mr. Mac with summaries of the information 14 about Mr. Unsworth that I learned through Mr. Birchall and the investigator so that 15 BuzzFeed could conduct its own investigation into Mr. Unsworth and corroborate 16 the information. 17 54. On September 4, 2018, Mr. Mac replied to my August 30, 2018 emails. 18 Among other things, he wrote that he “didn’t agree for the conversation to be off the 19 record” and he “tried to report out some of the accusations on [his] own but have not 20 found anything to corroborate the claims.” See Exhibit L. 21 55. That same day, I responded in an email that “We haven’t had a 22 conversation at all. I sent you an off the record email, which very clearly and 23 unambiguously said, ‘off the record.’ If you want to publish off the record 24 comments and destroy your journalistic credibility, that’s up to you. As for 25 answering more questions, I would be happy to do so, but not with someone who 26 just told me that they will not honor accepted rules of journalism.” 27 56. I was extremely surprised by Mr. Mac’s suggestion that he would not 28 treat the August 30, 2018 emails as off-the-record. Throughout my career, I have -8- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 10 of 53 Page ID #:476 1 had numerous off-the-record interactions with reporters. In those interactions, 2 reporters treated information as off-the-record and did not publish it whenever I 3 identified it as such, regardless of whether or not we reached an explicit agreement 4 before I shared the information. Thus, I understood that by designating my emails 5 to Mr. Mac as off-the-record and on background their contents would not be shared. 6 57. Mr. Mac’s suggestion and ultimate decision to not treat the emails as 7 off-the-record because he did not agree to do so before they were sent is not 8 consistent with my prior off-the-record interactions with reporters. 9 10 [Signature follows on next page] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- Case No. 2:18-cv-08048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case Document 60 Filed 09/16/19 Page 11 of 53 Page ID #:477 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this document was executed in Los Angeles, California. DATED: September 15, 2019 Byww/ Elon R. Musk - 10- Case No. 2: 1 8-cv-O8048 DECLARATION OF ELON R. MUSK ISO MOTION FOR SUMMARY JUDGMENT Case Document 60 Filed 09/16/19 Page 12 of 53 Page ID #:478 EXHIBIT A Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 13 of 53 Page ID #:479 Exhibit A, Page 11 Case Document 60 Filed 09/16/19 Page 14 of 53 Page ID #:480 EXHIBIT Elon Musk on Twitter: "I suspect that the Thai govt has this under control... 1 of 1 https://twitter.com/elonmusk/status/1014509856777293825 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 15 of 53 Page ID #:481             Exhibit B, Page 12 9/13/2019, 9:48 PM Case Document 60 Filed 09/16/19 Page 16 of 53 Page ID #:482 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 17 of 53 Page ID #:483 From: To: Subject: Date: flsla...MllSk IbailaD!I Fwd: This is Elon Musk Sunday, July 08, 2018 10:45:30 AM Begin forwarded message: From: Richard Stanton Date: July 8, 2018 at 10: 13: 12 AM PDT To: Elon Musk We're worried about the smallest lad please keep working on the capsule detai ls Sent from my iPhone On 8 Jul 2018, at 08:48, Elon Musk wrote: Sounds good, will continue. Parts are being assembled and wi ll undergo testing in water in a few hours. Will send pies and video. However, don't want to put it on a plane if you think there are important changes needed. Operating principle is same as spacecraft design - no loss of life even with two failures. On Jul 7, 20 18, at 6:30 PM, Richard Stanton wrote: It is absolutely worth continuing with the development of this system in as timely a manner as feasible. If the rain holds out it may well be used. Sent from my iPhone On 8 Jul 2018, at 08:20, Elon Musk wrote: Understandable. Right now, I have one the world's best engineering teams who normally design spaceships and spacesuits working on this thing 24 hours a day. We are trying to get it right in a very short period of time. If it isn' t needed or won ' t help, that would be great to know. Otherwise, it would be very helpful to have as much design direction as possible. On Jul 7, 2018, at 6:07 PM, Richard Stanton wrote: Apologies, as the tone of that didn't come across well. We arc all sti ll very much on board with the concept ofa tube for safe evacuation. Though there docs need to be a much more thorough investigation of a ll the matters mentioned in my previous mail. I'm not going to be avai lable for the rest of the day Sent from my iPhone Exhibit C, Page 13 MUSK 000693 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 18 of 53 Page ID #:484 On 8 Jul 2018, at 07:53, Elon Musk wrote: With respect, I am trying to be helpful. Please do not be rude. On Jul 7, 2018, at 5:51 PM, Richard Stanton wrote: With respect all l see is a tube, albeit made of fancy materials. We're ferrying in food in such a thing. The devil is in the detail. Breathing systems, off board gas venting systems, ballast trimming arrangements etc adding additional gas via Quick Release SCUBA compatible fittings. Why not have a long high pressure cylinder between the legs? Or a stepped tube with wider body and thinner leg section. Sent from my iPhone Will have more info for you soon. It is 35 cm in diameter and 160cm long. We can make more that are longer or s horter. Dua l air ports on front and rear (so possible to attach up to four tanks at once). Front ports are recessed into metal, so nol subject lo front damage. All ports have secondary caps in case a leak develops. With the front caps on, this is strong enough to be used as a battering ram if need be. Nose is 2.5cm thick solid, high toughness 22 19 alloy aluminium. It is made from very high strength rocketgrade a luminium. Exhibit C, Page 14 MUSK 000694 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 19 of 53 Page ID #:485 Cylinder section is what the Falcon rocket uses high pressure liquid oxygen transfer. Weighs 35kg. Will send pies in a few hours. Anything else that could be helpfu l? I am talking to the Prime Minister later today. Is there anything you would like me to convey? On Jul 7, 20 18, at 6:58 AM , Ric hard Stanton wrote: It only needs to go to a water depth of 5m, p lus some safety margin. Sent from my iPhone On 7 Jul 2018, at 18:00, Elon Musk Ok On Jul 7, 201 8, at 3:54 AM, Exhibit C, Page 15 MUSK 000695 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 20 of 53 Page ID #:486 Richard Sta nton wrote: I'm not sure about the rubber cocoon at it would transmit pressure onto the child. Rigid is better, plus 02 as a breathing gas rathe r than a ir. Sent from my iPhone On 7 Jul 201 8, at 17:46, Elon Mus k wrote: Ok Building both Exhibit C, Page 16 MUSK_000696 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 21 of 53 Page ID #:487 a pressure resistant aluminium tube and a dry rnbber cocoon. Baseline requirement is that whether the person !S passed out or having a panic attack, they will still be fine. Also, 110 stray hoses that can get caught on anything or pulled out Basically a straightjacket with an air feed. ls this roughly the right direction? Exhibit C, Page 17 MUSK 000697 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 22 of 53 Page ID #:488 On Ju l 7, 2018, at 2:56 AM, Richard Stanton wrote: We don't have this, it won't mean anything w ithout scale. If you make a capsule which tightly encloses a 15 year old boy, and 110 bigger. It will fit through. Sent from my iPhone On 7 Jul 20 18, at 16:13, Elon Exhibit C, Page 18 MUSK 000698 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 23 of 53 Page ID #:489 wrote: Would it be possible to send me a video segments or several pictures of the most difficult sections? This would be extremely helpful. On Jul 6, 20 18, at 10:29 PM, Richard Stanton wrote: Thanks for the chat just now, we're not going to be available for any communication for a short while. Exhibit C, Page 19 MUSK_000699 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 24 of 53 Page ID #:490 Will review any ideas or concepts you come up with and get back to you later. Sent from my iPhone On 7 Jul 2018, at 02:54, Elon Musk wrote: Are you one of the divers who understands the cave geometry? Trying to help out, but need to know the details of the Exhibit C, Page 20 MUSK_000700 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 25 of 53 Page ID #:491 most problematic areas. Exhibit C, Page 21 MUSK 000701 Case Document 60 Filed 09/16/19 Page 26 of 53 Page ID #:492 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 27 of 53 Page ID #:493 Exhibit D, Page 22 Case Document 60 Filed 09/16/19 Page 28 of 53 Page ID #:494 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 29 of 53 Page ID #:495 Exhibit E, Page 23 Case Document 60 Filed 09/16/19 Page 30 of 53 Page ID #:496 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 31 of 53 Page ID #:497 Exhibit F, Page 24 Case Document 60 Filed 09/16/19 Page 32 of 53 Page ID #:498 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 33 of 53 Page ID #:499 Exhibit G, Page 25 Case Document 60 Filed 09/16/19 Page 34 of 53 Page ID #:500 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 35 of 53 Page ID #:501 Exhibit H, Page 26 Case Document 60 Filed 09/16/19 Page 36 of 53 Page ID #:502 EXHIBIT I Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 37 of 53 Page ID #:503 Exhibit I, Page 27 Case Document 60 Filed 09/16/19 Page 38 of 53 Page ID #:504 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 39 of 53 Page ID #:505 Exhibit J, Page 28 Case Document 60 Filed 09/16/19 Page 40 of 53 Page ID #:506 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 41 of 53 Page ID #:507 Exhibit K, Page 29 Case Document 60 Filed 09/16/19 Page 42 of 53 Page ID #:508 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 43 of 53 Page ID #:509 From: To: Subject: Date: ~ Re: BuuFeed News: Unsworth legal letter Tuesday, September 04, 2018 5:31 :45 PM Get lost, you creep On Sep 4, 2018, at 5:30 PM, Ryan Mac wrote: Hey Elon, I'm sure you've seen the story at this point. Still happy to talk with you on whatever terms you want as long as we set them beforehand. Let me know if you want to do a phone call. Best, R On Tue, Sep 4, 2018 at 1: 18 PM, Elon Musk Off the record wrote: I suggest you ask Unsworth to describe his whole - 30 year history of visiting Thailand. What was he doing in Pattaya Beach for the better part of a decade when there are no caves of note in the area? On Sep 4, 2018, at 12:22 PM, Ryan Mac wrote: Hi Elon, While I'd rather chat on the record, I'm happy to go off record with you moving forward so you can answer specific questions regarding the allegations you've made. Thanks, Ryan On Tue, Sep 4, 2018 at I 0:53 AM, Elon Musk wrote: Off the record We haven't had a conversation at all. I sent you an off the record email, which very clearly and unambiguously said "off the Exhibit L, Page 30 MUSK 000967 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 44 of 53 Page ID #:510 record". If you want to publish off the record comments and destroy your journalistic credibility, that's up to you. As for answering more questions, I would be happy to do so, but not with someone who just told me that they w ill not honor accepted rules of journalism. On Sep 4, 20 18, at 8:49 AM, Ryan Mac wrote: Hi E lon, I didn't agree for the conversation to be off the record, but appreciate the response. To fo llow up, I've tried to report out some of these accusations on my own but have not found anything to corroborate the claims. Are you able to share anything that you've found about Vernon Unsworth? Do you have any evidence or documentation showing he took a 12-year-old child bride, that he is a child rapist, or that be was kicked off the rescue site, as you stated in your other email? Also are you able to share your correspondence with Rick Stanton showing your discussion of the submarine specs? With regards to your statement about the legal threat not coming up until you raised the issue on Twitter, the legal letter was dated on Aug. 6 and sent to your Los Angeles home and to one of your SpaceX emails. Did you not see the letter prior to your tweets? Thank you, Ryan 0 Th 0 A 30 2018 at 6:43 PM, Elon Musk wrote: e eco d 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 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 Exhibit L, Page 31 MUSK 000968 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 45 of 53 Page ID #:511 for caves, but it is where you'd go for something else. Chiang Rai is renowned for child sextrafficking. 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 w ith him. I wonder why ... https://www.google.com/search? q=chiang+rai+child+trafficking&ie=UTF8&oe=lJTF-8&hl=en-us&cJ ient=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. On Aug 30, 20 18, at 6:07 PM, Ryan Mac wrote: Hey Elon, just wanted to make sure I did my due diligence to research basic facts and fo llow up here. Thanks, Ryan Mac I Buzzfeed News I Senior Technology Reporter Cell: (949) 315-9364 I Office: (415)477-1 620 I @rmac18 I 121 2nd Street. 3rd Floor. San Francisco CA 94105 I https-1/www buzzfeed com/cyanmac On Wed, Aug 29, 2018 at 9:06 AM, Ryan Mac wrote: Hey Elon, thanks for getting back. Actually he prefers to be called a "spelunker" and we've confirmed that he actually does do cave diving. But do you have any comment on the letter your received? Exhibit L, Page 32 MUSK 000969 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 46 of 53 Page ID #:512 Ryan Mac I BuzzFeed News I Senior Technology Reporter Cell: (949) 3159364 I Office: (415)477-1620 I @rmac18 I I21 2nd Street 3rd floor San Francisco CA 941 os I https·//www buzzfeed com/eyanmac OnWed,A~M, ElonMusk . . . . . . . . wrote: Have you actually done any research at all? For example, you incorrectly state that he is a diver, which shows that you know essentially nothing and have not even bothered to research basic facts. On Aug 29, 2018, at 7:40 AM, Ryan Mac wrote: Hi Elon, Ryan from BuzzFeed News here. We're reporting a story out about you receiving a letter from a lawyer representing British diver Vernon Unsworth. The letter, dated August 6, was sent to your Los Angeles home and discusses potential legal proceedings against you for libel. Given the Twitter conversation yesterday, I was hoping you could talk Exhibit L, Page 33 MUSK 000970 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 47 of 53 Page ID #:513 about the letter and whether you had seen it yet. I'm happy to chat on the phone if llmeat Best, I• Ryan Mac I BuzzFeed News I Senior Technology Reporter Cell: (949) 315-9364 I Office: (415) 477- 1620 I @rmac18 I 121 2nd Street 3rd f loor San Francisco CA 94105 I https ·Uwww buzzfeed com/eyanm ill. Exhibit L, Page 34 MUSK 000971 Case Document 60 Filed 09/16/19 Page 48 of 53 Page ID #:514 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 49 of 53 Page ID #:515 From: To: Subject: Date: Attachments: ~ rvan mac@buzzfeed.com Fwd: Letters Thursday, August 30, 2018 7: 16:04 PM Scannable Document on Aug 30, 2018 at 6 55 21 PM.pdf ATIOOOOl.htm On background 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. 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. Begin forwarded message: Exhibit M, Page 35 MUSK_000647 Case Document 60 Filed 09/16/19 Page 50 of 53 Page ID #:516 EXHIBIT Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 51 of 53 Page ID #:517 Exhibit N, Page 36 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 52 of 53 Page ID #:518 Exhibit N, Page 37 Case 2:18-cv-08048-SVW-JC Document 60 Filed 09/16/19 Page 53 of 53 Page ID #:519 Exhibit N, Page 38