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I think the first and third are facts. Is the second one really established? Right now, I think it's just a claim.

The wording is nuanced. Supposing that his account of the phone calls is accurate, Broder's behavior demonstrates no malice (and Musk argued past the point when he said that the advice doesn't align with "common sense").

The part that is up for debate (and I mentioned this in the later paragraphs) is the content of the phone calls.

Ok, so then it's not a fact.

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