Elon Musk traveled to Beijing with President Donald Trump this week for high-stakes meetings with Chinese President Xi Jinping, despite a federal judge explicitly telling him he remained on “recall status” in his ongoing $150 billion civil lawsuit against OpenAI.
U.S. District Judge Yvonne Gonzalez Rogers placed Musk on recall after his three days of testimony ended on April 30, meaning he needed to stay available to return to the witness stand on short notice at OpenAI’s request. The judge stated, “OK, Mr. Musk, you are not excused, but you can leave for the day.” Sources confirmed Musk did not seek or obtain explicit permission from the court before departing the country on Air Force One.
The evidentiary phase of the trial in Oakland, California, wrapped up on May 13 without Musk being recalled, and closing arguments followed shortly after. Legal experts noted that leaving the country while under recall is atypical for witnesses in civil cases, though Musk’s legal team downplayed any issue.
Musk joined a delegation of top U.S. executives, including Apple’s Tim Cook and Nvidia’s Jensen Huang, for the presidential trip focused on trade, AI, and geopolitical issues like Taiwan and Iran. He was photographed arriving in Beijing and participating in related events.
The lawsuit centers on Musk’s claims that OpenAI co-founders Sam Altman and Greg Brockman breached the company’s original nonprofit mission by shifting to a for-profit model. No immediate legal consequences for Musk’s travel have been reported as the trial moves toward conclusion.
