When you’re a centibillionaire, it turns out, legal orders from U.S. federal judges don’t apply.
Case in point: Elon Musk was recently ordered by a federal judge to be on “recall” status for the blockbuster OpenAI trial currently unfolding in Oakland, California. You might expect Musk to comply, given that he brought the suit in the first place.
Instead of staying close to the courthouse as ordered, however, Musk has now hopped on a flight to China with President Trump.
Musk’s lawsuit accuses his OpenAI co-founders, including current CEO Sam Altman, of fraud by pivoting the company from a nonprofit to a for-profit enterprise. There has been plenty of fascinating testimony from both tech titans. Most recently, defendant Altman accused Musk of deliberately demotivating staff at OpenAI and of being more interested in sharing “memes on his phone” than in plotting the company’s future.
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When Musk wrapped up his testimony last month, Judge Yvonne Gonzalez Rogers placed him on recall status, meaning he might be required to testify again.
“OK, Mr. Musk, you are not excused, but you can leave for the day,” Rogers said on April 30.
Rogers has previously sanctioned members of the public who attempted to record the proceedings by dressing them down in front of the whole court, so it’s anyone’s guess how she will respond to Musk’s flouting of her instruction. She also seems unafraid of Musk, having chided him that even though he took “Law 101,” he is “not a lawyer.”
Musk did not receive judicial clearance to travel overseas while the trial continued, NBC has confirmed via multiple sources. Instead, Musk joined Trump on his state visit to China to discuss topics such as Taiwan, Iran, and AI with President Xi Jinping.
Being recalled in a trial is an ambiguous position to be in, legally speaking. While there are no explicit rules forbidding traveling, you are expected to be available if your testimony is compelled because of needed clarity or the emergence of new evidence.
Being across an ocean probably wouldn’t fly for most witnesses on recall status. Then again, Musk isn’t your average witness.
Closing arguments in Musk v. Altman are expected on Thursday.
