Elon Musk is currently in China with President Donald Trump, defying a federal judge’s order to stay available for his ongoing trial. The Tesla and SpaceX CEO left the country despite being placed on “recall status,” meaning he was supposed to be ready to return to the witness stand at short notice. His trip has left the court and legal experts scratching their heads over what happens when a billionaire witness ignores the rules.
The trial in question is Musk’s lawsuit against OpenAI, the artificial intelligence startup he co-founded. According to NBC, Musk claims the company abandoned its original nonprofit mission by creating a for-profit arm. He testified over three days last month in Oakland, California, and was supposed to stick around in case he was called back.
On April 30, U.S. District Judge Yvonne Gonzalez Rogers made it clear he wasn’t excused. When OpenAI’s lawyers asked to keep him on recall status, the judge told Musk, “OK, Mr. Musk, you are not excused, but you can leave for the day.” That was the last the court saw of him before he boarded a plane to China.
Legal experts say this is far from normal
Jeffrey Bellin, a law professor at Vanderbilt University and an expert in evidence rules, called the situation “atypical.” A typical witness wouldn’t leave the country if they were subject to recall, he said. There’s no strict rule about how close a witness needs to stay to the courthouse, but it’s usually up to the judge, and the witness’s attorney, to work out the details. Bellin said if he were Musk’s lawyer, he would’ve made sure the judge was okay with his client leaving the country.
The court hasn’t said whether Musk asked for permission to leave, and a spokesperson said they didn’t know if his travel could cause problems for the trial. On May 14, during closing arguments, Musk’s attorney apologized to the jury for his absence. “He’s sorry that he could not be here, but I think you saw from his testimony that this is something that he’s passionate about,” Steven Molo told the jury.
Musk wasn’t recalled to the stand on May 13, which was scheduled to be the final day of evidence, so his absence didn’t disrupt the trial. But Bellin said if he had been called back, Musk would’ve either had to return on short notice, which would’ve been logistically messy, or risk aggravating the judge.
This isn’t the first time Musk’s travel plans have clashed with legal obligations
He’s known for his globe-trotting lifestyle, and this trial has been no exception. The case with OpenAI has already seen its share of drama, with Musk accusing the company of betraying its mission. His testimony last month was a key part of the case, and his decision to leave the country mid-trial adds another layer of unpredictability.
Musk wasn’t in China just for business. According to People, he brought his 6-year-old son, X Æ A-Xii, along. The young boy was seen holding his father’s hand as they entered the Great Hall of the People in Beijing for Trump’s summit with Chinese President Xi Jinping. X Æ A-Xii, dressed in a light blue vest with green embroidery, carried a small brown bag as he walked alongside Musk.
Musk shares X Æ A-Xii with his ex, musician Grimes, who has been vocal about keeping their children out of the public eye. Earlier this year, she criticized Musk for bringing their son to a high-profile meeting at the Oval Office during Trump’s second term.
Grimes said she only found out about the visit after seeing a post on X. “He should not be in public like this,” she wrote. “I did not see this, thank u for alerting me. But I’m glad he was polite. Sigh.” Despite her concerns, X Æ A-Xii has made several public appearances with his father, including this latest trip to China.
The summit in Beijing was a major event, with Trump and Xi discussing trade, artificial intelligence, export controls, Taiwan, and the Iran war. Musk was one of several U.S. tech executives invited to join the meeting, alongside Apple CEO Tim Cook and NVIDIA CEO Jensen Huang. The White House said the two sides talked about boosting economic cooperation by expanding market access for American businesses in China and increasing Chinese investment in the U.S.
Chinese state media echoed the positive sentiment
Xi told the U.S. executives that China’s door for business would “open wider.” He welcomed U.S. companies to deepen cooperation with China and expressed confidence that American businesses would find broader opportunities in the country. For Musk, the trip was a chance to strengthen ties with China, a critical market for Tesla.
The company has a massive factory in Shanghai, and China is one of its biggest markets. Musk has spent years cultivating relationships with Chinese officials, and this latest visit was no exception. But his decision to leave the U.S. mid-trial raises questions about how seriously he takes his legal obligations. If the judge had decided to recall him, his absence could’ve had serious consequences for his case against OpenAI.
Musk’s attorney tried to smooth things over during closing arguments, telling the jury that Musk was “sorry” he couldn’t be there. But the apology might not be enough if the judge decides his travel was a violation of her order.
(Featured image: The White House)
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