Elon Musk's legal team issued an apology to the jury on Thursday for the Tesla and SpaceX CEO's absence during the closing arguments of the high-profile trial against OpenAI co-founders Sam Altman and Greg Brockman. Musk, who is currently accompanying President Donald Trump on a trip to China, was not present in the Oakland courtroom as his lead counsel, Steven Molo, assured the jury of Musk's deep investment in the case.
"This is something he is passionate about," Molo stated, attempting to allay any perceptions of disinterest from his client.
The legal battle, initiated by Musk, centers on allegations that Altman and Brockman violated an agreement to maintain OpenAI as a nonprofit entity, subsequently enriching themselves through business restructuring. U.S. District Judge Yvonne Gonzalez Rogers had previously placed Musk on "recall status," requiring him to be available for testimony on short notice.
Musk, who testified during the trial's first week, faces scrutiny over his current whereabouts. While court officials reported no knowledge of Musk seeking permission for his travel, his legal representatives have not commented on whether his trip was cleared with the judge or discussed with Musk.
The timing of Musk's departure is particularly notable, coinciding with President Trump's meetings with Chinese President Xi Jinping. The U.S. delegation included other tech leaders such as Nvidia CEO Jensen Huang and Apple CEO Tim Cook.
Meanwhile, back in Oakland, both Sam Altman and Greg Brockman were present for the closing arguments. William Savitt, counsel for OpenAI, directly contrasted the defendants' attendance with Musk's absence, emphasizing, "Mr. Musk isn't here today — my clients are here. They're here because they care about this."
During their closing statements, OpenAI's legal team presented documents suggesting Musk's desire to transition OpenAI into a for-profit venture, contingent on maintaining control or merging it with Tesla. Sarah Eddy, another counsel for OpenAI, highlighted Musk's claims of attaching specific conditions to his early donations, adding that "Mr. Musk has come nowhere close to making that case." She further referenced testimony from Shivon Zilis, a former OpenAI board member and mother of four of Musk's children, implying that even those close to Musk could not corroborate his narrative.
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