It seems apparent to this observer that he developed cold feet pretty fast after an impetuous decision, and has been looking for any reason to back out of it since then. The spam accounts angle seems like a convenient scapegoat, rather than a real surprise to him. He's clearly eccentric in his approach to decision making: I don't think any Harvard Business School course will teach "the Musk Principles". But it's uncl…
Termination fee is like 1 billion I think so it will still be cheaper for him to back out and then buy it when its stock price crumples over the next couple of quarters.
However I suspect the lawsuit to be settled rather than drag on for years. Probably he'll buy it at a reduced price or pay a larger termination fee to walk away.