A judge told Musk he wasn’t excused from trial. He went to China with Trump anyway.

FIRST ON NBC NEWSElon MuskElon MuskA judge told Musk he wasn’t excused from trial. He went to China with Trump anyway.A federal judge placed Elon Musk on “recall status,” meaning he is supposed to be available to return to the witness stand on short notice. Listen to this article with a free account00:0000:00Elon Musk arrives at federal court in Oakland, Calif., on April 30.Benjamin Fanjoy / Getty ImagesShareAdd NBC News to GoogleMay 13, 2026, 3:28 PM EDTBy David IngramElon Musk traveled to China with President Donald Trump this week, despite his ongoing trial over his lawsuit with OpenAI and a federal judge’s order that he remain at the ready to be recalled to testify at short notice. Subscribe to read this story ad-free Get unlimited access to ad-free articles and exclusive content.The trial is for a lawsuit that Musk filed against artificial intelligence startup OpenAI. Musk, a co-founder of OpenAI, alleges that the company has betrayed its original nonprofit mission by creating a for-profit arm. He testified in the trial in Oakland, California, over three days last month.Before Musk left the witness stand April 30, U.S. District Judge Yvonne Gonzalez Rogers asked the parties if there was any reason to hold Musk in “recall status,” meaning that he should be available to testify again if called upon to do so. OpenAI lawyers said, “Yes.” The judge instructed him: “OK, Mr. Musk, you are not excused, but you can leave for the day.”But Musk is now in China with Trump on a state visit. Two sources familiar with the matter told NBC News that Musk didn’t obtain permission from the judge before leaving the country and was still subject to recall as a witness.The apparent conflict highlights the ambiguous rules around recall status and its relevance in a trial that’s been peppered with globe-trotting billionaires. The judge didn’t explicitly tell Musk not to travel or give him an exact definition of what it means to be on recall status.The situation is atypical, said Jeffr...