About five hours into Elon Musk’s testimony, I typed the following sentence into my notes: “I have never been more sympathetic to Sam Altman in my life.”
Musk’s direct testimony was an improvement over yesterday – even if his lawyer kept asking leading questions to cue him in how to answer. But that memory was immediately obliterated by an absolutely miserable cross-examination.
For hours, Musk refused to answer yes or no questions with yes or no. Occasionally he “forgot” things he’d testified to in the morning. He scolded defense lawyer William Savitt. I watched a few jury members glance at each other. During one testy exchange, one woman looked like she was suppressing an eye roll.
This is the same guy who built Tesla and SpaceX, who runs Twitter into the ground while claiming he’s saving free speech. But in a courtroom, none of that matters. What matters is whether you can answer a simple question without turning it into a lecture.
Musk can’t. Or won’t.
The irony is thick. Here’s a man who constantly complains about lawyers and the legal system, and he’s getting destroyed by a lawyer doing his job. Savitt wasn’t being unfair. He was asking basic questions about events Musk himself had described earlier. Musk just refused to play ball.
I’ve covered enough tech trials to know that CEOs often make terrible witnesses. They’re used to being in control, to having people listen to them without interruption. A courtroom is the opposite of that. The lawyer asks the questions. You answer. Period.
Musk apparently didn’t get that memo.
What’s wild is that this is a trial about OpenAI’s transition from nonprofit to capped-profit. Musk sued claiming the company abandoned its mission. But watching him on the stand, you get the sense that the real issue isn’t about AI safety or corporate governance. It’s about ego. Musk can’t stand that he lost control of OpenAI, and he’s using the courts to vent.
It’s not working. The jury looked bored at best, annoyed at worst. And Savitt kept landing punches.
At one point, Musk claimed he didn’t understand a basic term in the founding agreement. This from a guy who loves to tell everyone how smart he is. Either he’s lying, or he’s genuinely unprepared. Neither is a good look.
The trial is still ongoing, but if I were on Musk’s legal team, I’d be worried. Cross-examination isn’t about winning arguments. It’s about credibility. And Musk’s credibility took a beating.
Maybe next time he’ll just settle. Or hire a lawyer who can prep him better. But knowing Musk, he’ll double down and blame the system. That’s his move.
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