Elon Musk travelled to China with President Trump for a state visit, despite being warned by a judge that he could be recalled for the ongoing OpenAI trial. The lawsuit, filed by Musk, alleges that OpenAI, which he co-founded, violated its mission by establishing a for-profit arm.
Musk testified in the trial in Oakland, California, last month. On April 30, as he left the witness stand, U.S. District Judge Yvonne Gonzalez Rogers asked the parties if there was any reason to hold Musk in “recall status.” OpenAI’s lawyers responded affirmatively. The judge told Musk: “Okay, Mr Musk, you are not excused, but you can leave for the day.” Musk was not required to attend the entire trial in person.
At the time, the dates of the president’s trip to China were unconfirmed. However, legal experts note that a typical witness would not leave the country if subject to recall. Professor Jeffrey Bellin of Vanderbilt University told NBC News that while there is no set rule, judges usually decide such matters, and attorneys should discuss them. Beijing is approximately 5,900 miles from Oakland, with a flight time of around 14 hours.
Musk boarded the flight on Tuesday, with the final day of testimony on Wednesday and closing arguments on Thursday. Bellin added that if he were the attorney, he would have ensured the judge approved the witness leaving the country. It remains unclear if Musk obtained permission. If recalled, he might have to appear at short notice, and the judge could be “very aggravated” without prior approval.
Musk has not responded to reports of the recall requirement. Sam Altman, who co-founded OpenAI with Musk as a nonprofit in 2015, testified on Tuesday. Musk seeks to remove Altman and Greg Brockman from their roles and demands $150 billion in damages for an OpenAI nonprofit.
