Elon Musk Skips OpenAI Trial Amid Legal Pressure and International Travel to China with Trump

Elon Musk is embroiled in a high-stakes legal battle against OpenAI and its CEO, Sam Altman, but his absence from court has overshadowed the proceedings. Despite a judge’s explicit instruction that he remain available to testify, Musk traveled to China with President Donald Trump on an official diplomatic visit, leaving his legal team scrambling to respond.

Today marked the conclusion of closing arguments in the case. Steven Molo, Musk’s lead counsel, opened with an apology on behalf of his client. “He’s sorry he could not be here,” Molo stated, according to The Verge’s courtroom reporting. Molo then emphasized the importance of jury duty—a remark that The Verge’s Elizabeth Lopatto described as “never a good sign in a closing statement.”

Both Musk and Altman have previously testified during the trial. Given the possibility of further testimony, U.S. District Judge Yvonne Gonzalez Rogers placed Musk under “recall status,” meaning he must remain available to take the stand if summoned. However, NBC News reported that Musk never secured the judge’s permission to leave the country while still under recall status.

While Musk was not explicitly barred from traveling, legal experts warn that his decision is risky. Jeffrey Bellin, a law professor at Vanderbilt University, told NBC News that leaving the country under recall status is highly unusual. “A typical witness would not leave the country if they were subject to recall,” Bellin said. “If I were the attorney, I would have made sure that if my witness is subject to recall and he’s left the country, that the judge is OK with that.”

The reason behind Musk’s sudden departure remains unclear. Observers speculate that he may have prioritized reasserting his influence in China, where he has long-standing business ties and a significant following. However, Tesla’s presence in the country has recently waned as domestic competitors gain ground.

Musk’s absence comes at a pivotal moment in the trial, as the court battle has increasingly turned against him. During his testimony, Musk appeared combative and defensive. He dismissed complex questioning as “definitionally complex,” contradicted his prior claims about Tesla’s role in building AGI, and misrepresented the amount of money he contributed to OpenAI. He also admitted to not reading the fine print on a term sheet shared by Altman regarding OpenAI’s restructuring into a for-profit entity controlled by a nonprofit. Additionally, Musk struggled to explain his relationship with former OpenAI board member Shivon Zilis, who is also the mother of some of his children.

The judge even intervened to stop Musk from tweeting about the trial—a request he surprisingly complied with. This is not the first time Musk has faced legal snubs. Earlier this year, he ignored a summons from French prosecutors for a voluntary interview related to an investigation into his AI chatbot Grok’s digital undressing feature.