Elon Musk Travels to Beijing While Subject to Court Recall in OpenAI Trial

Elon Musk arrived in Beijing on May 13 while his civil lawsuit against OpenAI CEO Sam Altman remained active in federal court in California, according to CBS News. At the close of his testimony in late April, U.S. District Judge Yvonne Gonzalez Rogers told Musk he was "not excused" and remained subject to recall if OpenAI's lawyers wanted him back on the stand. Closing arguments were scheduled for May 14.

The Details

NBC News reported that two sources said Musk did not obtain permission before leaving the country. Both NBC News and CBS News reported that he remained subject to recall as a witness, meaning OpenAI's legal team could request his return to the witness stand if they chose to do so.

The judge's instruction to Musk came at the close of his testimony in late April. According to CBS News, Judge Rogers told him, "Mr. Musk, you are not excused, but you can leave for the day. Okay?" The exchange established that Musk was not formally released from his obligations as a witness in the civil case.

NBC News separately reported the judge saying, "OK, Mr. Musk, you are not excused, but you can leave for the day." Both news outlets recorded similar language from the judge placing Musk on recall status rather than fully excusing him from the proceedings.

The OpenAI trial was in its third week on May 12, Reuters reported. During the proceedings, Altman denied that he betrayed Musk. Testimony was expected to conclude during the week of May 12, with the judge preparing to decide on remedies if the defendants were found liable. The schedule placed the trial's final testimony on May 13.

Musk traveled to Beijing with President Donald Trump and other business leaders for meetings with Chinese President Xi Jinping, CBS News reported. His arrival in China came while the federal proceedings in California were still underway and closing arguments were scheduled for the following day.

Musk testified for more than seven hours over three days, Reuters reported earlier in the trial. He is seeking roughly $150 billion in damages tied to OpenAI's for-profit conversion fight. The damages claim is a central element of the civil lawsuit he filed against the company and its chief executive.

Whether Musk's travel created an actual court violation remains unclear. The judge did not explicitly bar travel or define geographic limits for recall status, according to the conflicting reports cited by NBC News and CBS News. Both outlets reported that Musk remained subject to recall, but neither reported that the court formally found a violation.

Jeffrey Bellin, a law professor at Vanderbilt University, commented to NBC News: "A typical witness would not leave the country if they were subject to recall."

Context

Musk co-founded OpenAI with Altman in 2015, later left the organization, and now alleges the company abandoned its nonprofit mission in favor of profit-driven control, Reuters reported. The lawsuit seeks roughly $150 billion in damages related to OpenAI's conversion to a for-profit structure.

Musk traveled to Beijing with President Donald Trump and other business leaders for meetings with Chinese President Xi Jinping, according to CBS News. The trip placed Musk on another continent while federal proceedings continued in California without his physical presence in the courtroom.

The trial proceedings included extensive testimony from both Musk and Altman. Musk testified for more than seven hours over three days, according to Reuters. Altman denied betraying Musk during the trial's third week, Reuters reported, as the proceedings moved toward their scheduled conclusion.

What's Next

Closing arguments in the OpenAI trial were scheduled for May 14 after the final day of testimony on May 13, according to CBS News and NBC News. The judge was preparing to decide on remedies if the defendants were found liable, Reuters reported.

Musk is seeking roughly $150 billion in damages tied to the for-profit conversion fight, according to Reuters. The judge will determine what remedies apply if the defendants are found liable in the civil case.

No public court filing in the sourced reporting confirms whether OpenAI actually sought to recall Musk after he left for China. The judge did not explicitly bar travel or define geographic limits for recall status, according to NBC News and CBS News.