Elon Musk China Trip OpenAI Trial 2026: He Flew to Beijing While Under Judge's Recall Order — What It Means for the Verdict

# Elon Musk China Trip OpenAI Trial 2026: He Flew to Beijing While Under Judge's Recall Order — What It Means for the Verdict

> **Quick answer:** On May 13, 2026, Elon Musk flew to Beijing with President Trump while under a judicial recall order in his federal civil trial against OpenAI and Sam Altman. Musk did not get permission from Judge Yvonne Gonzalez Rogers before leaving the country. His attorney Steven Molo apologized to the nine-person jury during closing arguments on May 14 — without disclosing Musk's location. Deliberations begin Monday, May 18. Legal experts say the optics are damaging even if the legal exposure is limited.

Elon Musk is suing OpenAI for $150 billion in one of the most consequential technology trials in U.S. history — and he wasn't there for closing arguments. He was in Beijing.

On May 13, 2026, Musk boarded Air Force One with President Trump, other business executives, and headed to China for a state visit with President Xi Jinping. The problem: U.S. District Judge Yvonne Gonzalez Rogers had told Musk on April 30 — the day he left the witness stand — "Mr. Musk, you are not excused, but you can leave for the day." OpenAI's lawyers had already confirmed they wanted Musk held in "recall status," meaning available to testify again at the court's discretion.

Two sources familiar with the matter told NBC News that Musk did not obtain the judge's permission before leaving the country. He traveled anyway.

*This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for legal matters.*