Musk Travels to China Despite Judge’s Recall Order in OpenAI Trial

Elon Musk traveled to China this week alongside US President Donald Trump despite an ongoing trial related to his lawsuit against OpenAI and a federal judge’s instruction that he remain available for possible recall testimony, David Ingram reported for NBC News.

Judges may place witnesses in recall status during ongoing trials. (Photo: Molly Riley, The White House Flickr)

Musk, a co-founder of OpenAI, alleges the company abandoned its original nonprofit mission by creating a for-profit business structure. He testified over three days last month in federal court in Oakland, California.

Before Musk left the witness stand on April 30, US District Judge Yvonne Gonzalez Rogers asked whether there was any reason to keep Musk in “recall status,” meaning he could be summoned again to testify on short notice.

OpenAI’s lawyers responded affirmatively. The judge then told Musk: “OK, Mr. Musk, you are not excused, but you can leave for the day.”

Musk later traveled to China as part of Trump’s state visit delegation.