Elon Musk Travels to China Amid Ongoing OpenAI Lawsuit Trial

Elon Musk arrived in Beijing on Wednesday as his $150 billion civil lawsuit against OpenAI CEO Sam Altman continued in a California courtroom. Musk, who co-founded OpenAI as a nonprofit in 2015 but later left the company, is suing Altman for allegedly betraying the nonprofit’s original mission by prioritizing profits and creating a for-profit arm. Musk seeks Altman’s removal from the board, a return of OpenAI to nonprofit status, and the transfer of millions to OpenAI’s charity arm. OpenAI counters that Musk aims to boost his own company, xAI.

Musk testified over three days last month in Oakland, California. At the conclusion of his testimony on April 30, U.S. District Judge Yvonne Gonzalez Rogers placed Musk on “recall status,” meaning he could be called back to testify if requested by OpenAI’s attorneys. The judge told Musk, “You are not excused, but you can leave for the day.” However, the judge did not explicitly instruct Musk to remain near the courthouse or prohibit travel.

Despite this, Musk boarded Air Force One on Tuesday and flew overnight to China, joining President Donald Trump and other business leaders on a state visit to Beijing. Two sources familiar with the matter told NBC News that Musk did not obtain permission from the judge before leaving the country and remained subject to recall. The court spokesperson said it was unclear whether Musk had permission to travel or if his absence could affect the trial.

The final day of testimony was scheduled for Wednesday, with closing arguments set for Thursday, meaning Musk would likely miss both. As of midday Wednesday, Musk had not been recalled to the stand.

Legal experts note the situation is unusual. Jeffrey Bellin, a Vanderbilt University law professor specializing in evidence rules, said, “A typical witness would not leave the country if they were subject to recall.” He explained that there is no strict rule about how close a witness must remain to the courthouse when on recall status; it depends on the judge’s discretion and communication with the witness’s attorney. Bellin added, “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.”

Bellin also noted that while it is rare for a witness to be recalled, it can happen. He said Musk would face logistical challenges if called back on short notice and that the judge might be displeased if Musk traveled without prior approval. However, Bellin acknowledged Musk’s wealth might allow him to return quickly if needed.

Musk did not immediately respond to requests for comment from CBS News.