News-Musk-v-Altman-Trial-Day-3-2026
On April 29, 2026, Day 3 of the Musk v. Altman trial continued with Elon Musk's cross-examination before Judge Yvonne Gonzalez Rogers in the Northern District of California. OpenAI's counsel pressed Musk on his credibility as an AI safety advocate, highlighting contradictions between his courtroom testimony and his company xAI's actions.[1]
Key Moments
"I Don't Lose My Temper"
Musk testified that he does not lose his temper, a potentially risky claim in a trial where his communications style and management approach are central to the dispute. The Verge's Elizabeth Lopatto described the cross-examination as "one of the most tiresome" she had witnessed, noting that Musk attempted to portray himself as "just a poor simple country CEO" being "maliciously tricked by a big-city lawyer."[1]
Colorado Anti-Algorithmic Discrimination Law
OpenAI's counsel Marc Savitt raised Musk's and xAI's opposition to Colorado's anti-algorithmic discrimination law, challenging Musk's professed commitment to AI safety. Savitt questioned whether Musk's safety concerns about OpenAI's profit motive were hypocritical given xAI's own for-profit structure and its resistance to AI regulation.[1]
xAI Safety Record Under Scrutiny
Savitt hinted at xAI's own safety record, referencing concerns about AI systems producing harmful content — including a reference to "Mechahitler" — as evidence that Musk's safety-first rhetoric may not match his companies' practices. When asked whether profit motives undermine AI safety at xAI as well, Musk conceded it was "an issue across the board."[1]
Door Opened to xAI Discovery
After the jury was dismissed for the day, the lawyers discussed additional matters with Judge Gonzalez Rogers, who indicated that Musk's testimony may have "opened the door" to questions about xAI and its safety record. The judge noted the pleasant weather, telling the jury, "I suspect it's a nice day out there."[1]
Significance
Day 3 marked a turning point in Musk's cross-examination, with OpenAI's legal team successfully expanding the scope of inquiry to include xAI's own safety practices and regulatory posture. The line of questioning threatens to undercut Musk's central narrative — that he was defrauded into funding OpenAI because of broken safety promises — by exposing inconsistencies in his broader approach to AI governance.