Elon Musk flew to China this week with President Donald Trump. Two people familiar with the matter say Musk did not get advance permission from the federal judge overseeing the OpenAI case, leaving him effectively on standby for the court.
Musk testified for three days in California last month, accusing OpenAI of abandoning its founding mission by launching a for-profit arm. When he stepped down from the witness stand on April 30, the judge — at the request of OpenAI’s lawyers — made it clear that Musk must be ready to come back at any time. While the judge didn't impose an explicit travel ban, legal experts say it's highly unusual for a witness to leave the country when they could be recalled at a moment's notice.
This Wednesday is the final day for depositions in the case, with closing arguments set for Thursday. If OpenAI, Microsoft, or the judge decides at the last minute to call Musk back, he would need to return to court on extremely short notice.