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April 29, 2026 • Tim Fernholz

Elon Musk contradicts own tweets in OpenAI lawsuit testimony

Elon Musk contradicts own tweets in OpenAI lawsuit testimony Elon Musk contradicts own tweets in OpenAI lawsuit testimony Elon Musk contradicts own tweets in OpenAI lawsuit testimony

On the stand, Elon Musk can't escape his own tweets

Key Courtroom Testimony Reveals Contradictions

Elon Musk testified in a California federal court regarding his lawsuit against OpenAI, alleging that Sam Altman and cofounders "stole a charity" by transitioning the non-profit AI lab into a for-profit entity. During cross-examination, Musk admitted under oath that Tesla is not currently pursuing artificial general intelligence (AGI)—directly contradicting a tweet he posted just weeks earlier claiming "Tesla will be one of the companies to make AGI."

The Core Legal Arguments

Musk's Claims:

  • Alleges he was tricked into backing a non-profit organization
  • Claims OpenAI's for-profit arm came to dominate the organization
  • Argues the transition reduces focus on AI safety, posing dangers to society
  • Characterizes the situation as "looting the nonprofit"

OpenAI's Defense:

  • Lawyer William Savitt showed Musk supported multiple efforts to transition OpenAI toward for-profit status
  • Evidence presented that Musk explored creating a for-profit arm where he would hold majority equity and control (2017)
  • Demonstrated Musk discussed converting to for-profit as early as 2016
  • Showed Musk stopped regular donations after his control plans fell apart, though continued paying office space until 2020

Critical Distinctions and Contradictions

The Profit Cap Issue

The case may hinge on whether jurors distinguish between:

  • Investors with capped profits (early Microsoft investments)
  • Investors with unlimited profits (current structure)

Musk insists this is a significant difference that ultimately led to his lawsuit.

Social Media vs. Sworn Testimony

Musk faced multiple contradictions between his X posts and court statements:

On funding: Posted he invested $100 million in OpenAI, but testified only $38 million changed hands (argued his reputation and network made up the difference)

On AGI pursuit: Tweeted Tesla would "make AGI" but testified "We are not pursuing AGI right now"

Employee Poaching and Conflicts

Emails revealed:

  • Musk backed efforts by Tesla and Neuralink to poach OpenAI employees while still on OpenAI's board
  • Hired Andrej Karpathy from OpenAI to lead Tesla's self-driving work after leaving the board in 2018
  • Discussions about recruiting Ilya Sutskever to Tesla

Safety Concerns and Upcoming Testimony

Judge Yvonne Gonzalez Rogers indicated that comparisons between xAI and OpenAI's approaches to safety would be fair game in future proceedings. The judge limited discussion of specific AI-related incidents but allowed examination of safety practices.

Scheduled to Testify:

  • Jared Birchall (Musk's family office manager)
  • Stuart Russell (AI safety expert)
  • Greg Brockman (OpenAI president)

Key Takeaways

  • Tesla shareholders should note: Musk's sworn testimony contradicts public statements about AGI development
  • Corporate structure matters: The distinction between capped vs. unlimited investor profits is central to the legal case
  • Safety arguments cut both ways: All AI companies, including xAI, face similar safety risks according to Musk's own admission
  • Social media liability: Musk's prolific posting on X creates a documented trail that complicates his legal positions