New York Times hits back at Tesla Motors over fakery accusations

"His broadest charge is that I consciously set out to sabotage the test. That is not so."

The New York Times' John Broder has responded to the claims of Tesla chair Elon Musk which accused him of deliberately driving the Tesla Model S in a way which would limit the range out of a desire to write a piece slating it.

Broder's response is a methodical breakdown of each of Musk's points. Broder details things like the timing of his decision to turn down the temperature, the reason why he drove for half a mile in a service station, and the nature of his "detour" through lower Manhattan. The vast majority of his rebuttals are convincing, and only one of the minor discrepancies remains outstanding — the question of why he says cruise control was set to 54mph when the car's logs show it travelling at 60mph.

The more interesting disagreement is in Broder's explanations of the odd choices he made. Some of them, he explains, were as a result of recommendations made by Tesla staff. For instance, when he set off from one rest stop with only 32 miles of estimated range, despite the next charger being 57 miles away, he says:

It was also Tesla that told me that an hour of charging (at a lower power level) at a public utility in Norwich, Conn., would give me adequate range to reach the Supercharger 61 miles away, even though the car’s range estimator read 32 miles – because, again, I was told that moderate-speed driving would “restore” the battery power lost overnight. That also proved overly optimistic, as I ran out of power about 14 miles shy of the Milford Supercharger and about five miles from the public charging station in East Haven that I was trying to reach.

But with others, we come to the crux of the problem: what is a realistic pattern of use for someone on a long-distance road trip in an electric car? When Broder left the second supercharger, the range estimate told him that he would have enough miles to get to his destination and back without recharging. As it happened, the battery lost charge overnight in the cold weather, and disaster ensued.

Is that a fair pattern of use? Or is it reasonable for Tesla to have expected Broder to be plugged in to the supercharger until it told him "charge complete", which happens at 90 per cent charge? If he had finished charging at each supercharger he plugged in to, it seems unlikely that he would have run out of battery; but then, he also wouldn't have run out of battery if the range estimate had been correct.

On balance, it doesn't seem unreasonable to argue that a real simulation of a long-distance trip in an unfamiliar car would involve charging well in excess of how far you are actually expecting to drive. Broder may not have intended to run the battery flat, but he also didn't make things easy for Tesla. That may be his prerogative as a reviewer, but it also understates the case for the car in real conditions. The downside of a Tesla Model S for most is that you will have to spend a lot more time in charging stations — 45 minutes, rather than 5, to fill up your "tank" — and have to plan a long-distance trip in far more detail than you would for a petrol car. Only if you push it too close to the bone will you actually end up in the situation Broder did.

But while Broder was a harsh, possibly even unfair, critic, he does not appear to have been an untrustworthy one. The NYT's public editor is looking into the matter, but Musk is unlikely to get the apology or retraction he seeks.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.