Elizabeth Lopatto
Birchall cross.
He was used, I think, to get financial documents into the record. We are now on the cross, and he is giving mercifully brief and direct answers.
Elizabeth Lopatto
Senior Reporter
Senior Reporter
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Elizabeth Lopatto
Birchall has just been asked about the four Teslas.
There is a confirmation document from Chris Clark to Elon Musk showing the donation values. The donation was to OpenAI, as agreed in the stipulated facts, and in conflict to what Musk testified today.
Elizabeth Lopatto
A woman in the gallery has lowered a sleep mask over her eyes and is attempting to sleep.
I guess she isn’t into Birchall’s testimony about Musk’s charitable contributions?
Elizabeth Lopatto
Musk steps down. He may be recalled.
Jared Birchall’s testimony will begin. Birchall runs Musk’s family office, Excession LLC, and generally serves as his fixer.
Elizabeth Lopatto
We are on re-cross. Musk is getting testy again.
Savitt asked about Musk’s $1 billion funding commitment. When did Musk stop funding OpenAI? 2020. And that was when they broke the deal? No, I was uncomfortable. (some crosstalk)
Musk: “I understand leading questions. That’s a leading answer.”
YGR: He can lead. He can lead all he wants. Let’s remind everyone you are not a lawyer and you’ve never taken a class in evidence.
Musk: “I did take law 101 technically, but yes I am not a lawyer.”
Elizabeth Lopatto
We’re in break — and I just checked out something interesting.
In the document of stipulated facts — that is, what everyone has agreed on — it’s said that Musk gave Teslas to OpenAI as an in-kind contribution. In response to questioning from YGR, Musk says that he gave the Teslas to individuals, personally, and not to OpenAI: “I bought at full price and gave them to individuals. It was a reward to the individuals.”
I don’t know if this matters, but it sure is interesting.
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Elizabeth Lopatto
Musk seems notably more subdued today.
On the cross exams by OpenAI and Microsoft, there was minimal (though still some) bickering, and we are now getting many more yeses and nos as full answers. I’m not sure whether Musk was trying to run out the clock yesterday or what, but he’s clearly rethought his strategy.
Elizabeth Lopatto
The jurors have been seated.
Elon Musk is on the stand, to continue the cross-examination from yesterday. If you’ve read Musk depositions or heard previous crosses, this kind of arguing and filibustering is pretty standard behavior. But I think this is the jury’s first encounter with it, and it’s hard to know how they’re going to take it.
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