Elon Musk spars with OpenAI attorney in trial over company's evolution from a nonprofit

OAKLAND, Calif. (AP) — Elon Musk on Thursday sparred with an attorney for OpenAI during his third day of testimony in the contentious trial over the company's pivot from nonprofit status to a for-profit venture valued at hundreds of billions of dollars.

The trial centers on the 2015 birth of the ChatGPT maker as a nonprofit startup primarily funded by Musk. It pits the world’s richest person against Sam Altman, a fellow OpenAI co-founder he accuses of betraying promises to keep the company as a nonprofit dedicated to humanity’s benefit.

Tempers have flared on both sides of the high-stakes trial, as the morning began with an existential discussion about the future of humanity — complete with references to “The Terminator” movies — and how much witness testimony would focus on AI safety.

“Your client, despite these risks, is creating a company that is in the exact same space,” Judge Yvonne Gonzalez Rogers told Musk's lawyers, referring to the billionaire's xAI, which launched in 2023. People, she said, “don't want to put the future of humanity into Mr. Musk's hands,” and instructed the parties not to discuss the dangers of AI to humanity during the course of the trial.

“This is not a trial on the safety risks of artificial intelligence. This is not a trial on whether or not AI has damaged humanity,” she said. “It could be one day in a federal court in this country that we may have that trial. That is not this trial and we are not going to get sidetracked on that issue in this trial.”

On the stand, Musk has taken issue with the cross-examination by opposing attorney William Savitt, accusing him of asking misleading questions designed to trick him and the jury. At one point Thursday, Savitt asked Musk about earlier testimony where he said that as long as investor profits were capped, OpenAI wasn’t in violation of agreements to keep it a nonprofit.

“It depends on how high the cap is,” Musk replied. Savitt then said that “wasn’t your complete answer yesterday right?” In response, Musk said “few answers are going to be complete, especially if you cut me off all the time.” He added that if the cap is “super high,” then OpenAI is “really a for-profit at that point.”

Lawyers for OpenAI have rejected the allegations brought in Musk’s civil lawsuit and said there were never promises that the company would remain a nonprofit forever. The company has argued Musk’s legal challenge is aimed at undercutting OpenAI’s rapid growth and bolstering Musk’s xAI, which he launched in 2023 as a competitor.

The trial in federal court in Oakland, California, is scheduled to continue through late May. Judge Yvonne Gonzalez Rogers excused Musk from the witness stand Thursday, but he may be called back later.

During the cross-examination, Savitt also asked Musk about his companies — Tesla, SpaceX, Neuralink and X — and whether they were all for-profit. Musk replied yes, and affirmed that he believes all of these companies are “socially beneficial.”

Savitt then asked why Musk hasn't started a nonprofit himself, eight years after he left OpenAI.

“I thought I had started a nonprofit with OpenAI but they stole it,” Musk replied, adding that this is “the entire basis of this lawsuit.”

Elon Musk walks through a hallway inside the U.S. District Court in Oakland, Calif., Wednesday, April 29, 2026. (AP Photo/Godofredo A. Vásquez)

Neuralink CEO Jared Birchall, right, walks through security at the U.S. District Court in Oakland, Calif., Thursday, April 30, 2026. (AP Photo/Godofredo A. Vásquez)

OpenAI president Greg Brockman, center, arrives at the U.S. District Court in Oakland, Calif., Thursday, April 30, 2026. (AP Photo/Godofredo A. Vásquez)

William Savitt, attorney representing OpenAI, right, arrives at the U.S. District Court in Oakland, Calif., Thursday, April 30, 2026. (AP Photo/Godofredo A. Vásquez)

WASHINGTON (AP) — President Donald Trump said Thursday he is removing certain tariffs on Scotch whisky after this week’s White House visit by King Charles III and Queen Camilla of the United Kingdom.

“The King and Queen got me to do something that nobody else was able to do, without hardly even asking!” Trump posted on social media.

Trump said people had wanted this change, especially with regard to the wooden barrels in which the spirits of Scotch and bourbon can be aged. His post left it unclear if the tariffs were being lifted on bottles of Scotch or on the materials used to produce alcohol in both countries.

“I will be removing the Tariffs and Restrictions on Whiskey having to do with Scotland’s ability to work with the Commonwealth of Kentucky on Whiskey and Bourbon,” Trump said.

The White House did not respond to emails seeking clarification about the details of what Trump announced, though the post was interpreted in Scotland and by industry lobbyists as removing the tariffs on Scotch.

U.S. Trade Representative Jamieson Greer later said in a Thursday statement that the U.S. would give “preferential duty access for whiskey produced in the United Kingdom.” The administration did not immediately respond to questions about whether that meant eliminating the tariffs or lowering them.

The Trump administration in 2025 reached a trade framework that put a 10% tax on most goods imported from Britain. The Scotch Whisky Association said its export volume to the U.S. fell 15% after the tariffs were announced in April of last year.

The president, answering questions from reporters in the Oval Office, said the tariffs were lifted to specifically enhance the trade of barrels between Scotland and Kentucky, which produces almost all of the world's bourbon. The barrels are used to age the alcohol.

“I just took all the restrictions off so Scotland and Kentucky can start dealing again,” said Trump, who added that he's “not a big drinker."

Still, John Swinney, Scotland's first minister, interpreted the president's statement as a removal of tariffs on Scotch itself, calling it a “tremendous success” for his country.

“People’s jobs were at stake. Millions of pounds were being lost every month from the Scottish economy," said Swinney, expressing gratitude to both Trump and King Charles III.

Trump has used alcohol as a pressure point in his tariff threats. Last year, he threatened a 200% tariff on European wine — a major potential blow to French and Italian vineyards that never came to fruition.

Foreign countries have responded in turn with threats on bourbon and other American products.

In the end, the Trump administration exempted cork from tariffs, a huge relief to Portugal, the leading supplier of the material used to cap wine bottles.

Chris Swonger, president and CEO of the Distilled Spirits Council in the U.S., also interpreted Trump’s post as a removal of the 10% tariff on whisky from the United Kingdom.

“We applaud President Trump for working to restore a proven zero‑for‑zero model of fair, reciprocal trade between our two nations,” Swonger said in a statement. “This action strengthens transatlantic ties, brings much‑needed certainty to our industry and allows spirits producers on both sides of the Atlantic to grow, invest and support jobs at a critical time.”

AP correspondent Jill Lawless contributed from London.

President Donald Trump and first lady Melania Trump bid farewell to Britain's King Charles III and Queen Camilla on the South Lawn of the White House, Thursday, April 30, 2026, in Washington. (AP Photo/Manuel Balce Ceneta)

Britain's King Charles III walks to his vehicle during the departure from the South Lawn of the White House, Thursday, April 30, 2026, in Washington. (AP Photo/Alex Brandon)