Elon Musk Is His Own Worst Witness

About five hours into Elon Musk’s testimony, I typed the following into my notes: “I have never been more sympathetic to Sam Altman in my life.” That’s not something I ever expected to write, but here we are.

Musk’s direct testimony earlier in the day was actually an improvement over the previous session — even if his lawyer kept feeding him answers with leading questions. But whatever goodwill he built up got obliterated during cross-examination. And I mean obliterated.

For hours, Musk refused to answer yes-or-no questions with yes or no. He’d dance around, offer context, argue with the premise. Occasionally he “forgot” things he’d testified to just that morning. At one point he scolded defense lawyer William Savitt like a disappointed principal. I watched a few jurors glance at each other. During one testy exchange, a woman on the jury just looked down and shook her head slightly.

This is the same guy who claims he’s a straight shooter, a free speech absolutist, a man who says what he means. But in a courtroom — where the rules are simple and the stakes are real — he came across as evasive, combative, and frankly unreliable. It’s not a good look when your own testimony contradicts itself within the same day.

The irony is thick. Musk sued OpenAI claiming the company abandoned its nonprofit mission and got too cozy with Microsoft. But the person most damaging his case right now is sitting at the defendant’s table, wearing a suit that doesn’t fit quite right. Elon Musk is his own worst enemy in that courtroom, and everyone can see it.

I’ve covered a lot of tech CEO depositions and trials over the years. Most of them are boring. Lawyers drone on, executives give rehearsed answers, everyone goes home. This was not boring. This was a masterclass in how not to behave when your credibility is on the line. If I were Musk’s legal team, I’d be praying for a settlement before he has to take the stand again.