“Absolutely none of Musk’s political activity relates to any fact that ‘is of consequence in determining the action,’” Musk’s team argued ahead of the trial. Additionally, “any implication that music festivals or drugs have any relevance to this case is outlandish, and how Musk spends his free time is equally irrelevant.”
However, OpenAI countered that these topics are relevant and speak to Musk’s “bias and credibility.”
“Musk’s activities and state of mind during these discussions is squarely at issue,” OpenAI’s team argued, while noting that Musk has not denied allegations that drug use may have damaged his memories of events.
Musk has claimed that OpenAI only brings up Trump to sway jurors who perhaps are Democrats or dislike the president. But his ties to Trump are particularly relevant, OpenAI argued, because Musk supposedly used his power as an advisor to influence the White House on OpenAI contracts.
“At deposition, Musk testified that, while he served as a ‘special government employee’ he ‘complained to White House officials’ about OpenAI’s ‘Stargate’ project to benefit his own AI company, xAI,” OpenAI argued. “Evidence that Musk used his government position to benefit his company at OpenAI’s expense is relevant to Musk’s bias and motive and thus to his overall credibility.”
The judge seems to agree with OpenAI that some of that context is relevant. During Musk’s time on the stand, she allowed for discussion of AI safety and Trump without the jury present, The Washington Post reported.
Importantly, the judge will make the final call in both phases of litigation, with the jury’s opinion in the first phase underway now considered advisory.
Whether Musk blew it on the stand has yet to be seen, as the trial continues. On the final day of questioning, Musk’s attorney got a chance to make up for any harm to his credibility by asking a few more questions that NYT reported offered Musk the opportunity “come off as more personable and comfortable.”
Musk may still be called to testify further over the next three weeks, NYT reported.