After reading the Musk analysis and the Broder rebuttal, I have to come to the conclusion that Mr. Broder's assessment is honest an accurate. I think there are two critical points that he brings up. These points do not paint Musk as a conniver, but simply as a proud engineer. He is trying to defend the engineering of the vehicle, but the problem was not with the engineering. The problems were purely operational in nature. First:
"I was given battery-conservation advice at that time (turn off the cruise control; alternately slow down and speed up to take advantage of regenerative braking) that was later contradicted by other Tesla personnel."
There are multiple references like this in the article, but I will address them all with this statement. Mr. Broder's account shows an all too common problem: a support organization that does not provide consistent or specifically correct answers to customer's questions. Guess what? Good support is hard. For a company of Tesla's age, with a product that has very little "gamma testing" to it's name right now, it is not the least bit surprising that Mr. Broder received conflicting and ultimately counterproductive support advice. Second:
"it may be the result of the car being delivered with 19-inch wheels and all-season tires, not the specified 21-inch wheels and summer tires. That just might have affected the recorded speed, range, rate of battery depletion or any number of other parameters."
A change in the overall tire/wheel diameter generally requires having your speedometer re-calibrated if you want it to give you an accurate reading. It is entirely reasonable to expect that there is a lot of calculation going on inside the vehicle that is dependent on being able to correctly correlate RPMs to distance traveled. It's also reasonable to expect that differences in the rolling resistance between the stock tires and the AW tires would also have some impact.
These are not engineering problems. These are operational problems with process, knowledge, and execution. Musk should be rightly proud of the car his company is built, and should be rightly terrified that his post-purchase support could potentially burn a lot of goodwill once he runs out of early-adopting fanboys and geeks who will cut him slack and are motivated to fix their own problems. The I Just Want It To Work crowd will be a tougher audience.