Elon Musk's condition for Twitter purchase ‘negotiating ploy': Former SEC chair

Harvey Pitt argues Musk accepted Twitter deal without doing 'initial due diligence'

Former SEC Chairman Harvey Pitt, who is also the CEO of the global strategic business consulting firm, Kalorama Partners, LLC, argued on Wednesday that Elon Musk's condition for his Twitter purchase is a "negotiating ploy." 

Pitt made the argument on "Mornings with Maria," adding that the Tesla CEO accepted the Twitter deal without doing any "initial due diligence."

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Tesla CEO Elon Musk set a key condition for his pending $44 billion purchase of Twitter to go through: transparency on the number of fake or spam accounts.

Musk tweeted, "20% fake/spam accounts, while 4 times what Twitter claims, could be *much* higher. My offer was based on Twitter’s SEC filings being accurate." 

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Musk went on to write that "Twitter’s CEO publicly refused to show proof of <5%. This deal cannot move forward until he does." 

Musk had responded to an article from Teslarati, which claimed that he may be seeking a better deal to acquire Twitter.

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Teslarati noted that if Musk backs out of the deal, he will be required to pay Twitter a $1 billion termination fee and could be subjected to additional litigation.

Elon Musk

Former SEC Chairman Harvey Pitt argues that Elon Musk's condition for his Twitter purchase is a "negotiating ploy."  ( Getty Images / Getty Images)

Pitt noted on Wednesday that "Twitter said that they estimate that the amount is not more than 5%, but they also stated that it could be higher."

He then argued that the Tesla CEO "knew all of this going into the transaction." 

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"He accepted a deal in which he did no initial due diligence and agreed to pay a $1 billion breakup fee, so I think this is all a negotiating ploy by Mr. Musk," Pitt continued. 

Musk said last week that his acquisition of Twitter is on hold pending details about spam and fake accounts on the platform, yet he added that he is "still committed" to the purchase of the social media company.

Host Maria Bartiromo asked Pitt if Musk’s condition is "a way for him to walk away and not pay the $1 billion breakup fee?"

"I don’t think so unless it could possibly be shown that Twitter knew the number was much, much, much higher, and that it deliberately disclosed a lower number to mislead," he responded. 

"I think, even if that happened, however, if Mr. Musk walks away from this transaction, he will be sued left and right and become a professional defendant for the next five to ten years as a result," he continued. 

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FOX Business’ Tyler O’Neil contributed to this report.