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Basically back up his claim. howard: right. >> if he is -- and if they're right about the bots being 5%, a federal judge could make him buy this deal at the agreed-upon, at the price he put up, $54.20 which was $44 billion, and if he says no to that, if he depies the coater order -- defies the court order, he goes to jail. which he has done in the past -- [inaudible conversations] howard: i've got to ask you this last question. [laughter] obviously, he wants to lower the price because twitter's stock went down about 30% making it much more expensive, and maybe he thought they would agree to th...

His, his stock in tesla are was at pretty high levels, okay? since that time -- and his timing has been remarkably bad -- tesla shares, that's the currency he's going to use to pay for twitter, have gone down. so he is under pressure to pay less for this. i will say this, the bot thing is interesting if he really does have evidence. if he doesn't have evidence, i could see a federal judge, you know, slamming this guy because, you know, what he essentially did was he waived due diligence, he said, he said it was his last and final offer. he has a record of throwing numbers out and making materi...

Ago. it's hard, everyone's saying, oh, he's trying to walk. i think the only thing we can say right now is he's committed to not paying $44 billion for this. neil: yeah, that does seem to be the case, because it's a long way from the $54.20 offer he had on the table. kelly, great reporting on this, i appreciate it. let's go to charlie gasparino who's been following the behind the scenes machinations and what do you think of that, charlie, that this might be his way of scrapping a better deal? >> i've been saying that for a long time. i mean, it's widely known he doesn't want to pay $54.20. now...

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Without exact numbers, the deal cannot go forward. he said 20% are fake or spam accounts while four times what twitter claims could be much higher. my offer was based on twitter filings being accurate yesterday twitter ceo refused to show proof of less than 5%. this deal cannot move forward until it does. but twitters board wants to hold elon musk to the current deal, saying the statement, they upgrade to a transaction at $54.20 a share and we believe this agreement is in the best interest of all shareholders. we intend to close the transaction and force a merger agreement. twitter urged share...