OpenAI CEO Sam Altman faced a sharp cross-examination in a California federal courtroom on Tuesday, May 13, 2026, as part of Elon Musk’s ongoing lawsuit seeking to shut down OpenAI’s for-profit business.
Attorney Steve Molo, leading Musk’s legal effort, pressed Altman on statements he made during a 2023 Congressional hearing in which he told Senator John Kennedy of Louisiana that he had “no equity in OpenAI.” Altman has since acknowledged holding economic exposure to OpenAI through a limited partner position in a Y Combinator fund. “I didn’t mention it in that testimony, but, again, I think it is well understood of what it means to be a passive owner of many venture funds,” Altman said in court.
Molo also cited a string of individuals who have accused Altman of dishonesty, including former OpenAI board members Helen Toner and Tasha McCauley, Elon Musk, and OpenAI co-founder Ilya Sutskever. Toner and McCauley, who were on the board when it briefly fired Altman in 2023, testified that he had misled them. McCauley described “a toxic culture of lying.” Altman disputed the characterization, noting that the board asked him to return the following morning.
A central question before Judge Yvonne Gonzalez Rogers and the jury is whether OpenAI’s non-profit board exercises genuine control over its for-profit operations. Musk’s attorneys have argued that the 2023 firing and rapid rehiring of Altman suggests his influence over the company outweighs that of the board. Board chair Bret Taylor acknowledged that Altman’s departure would have effectively ended OpenAI as a going concern, with most employees prepared to follow him out.
OpenAI’s attorneys characterized the questioning as character assassination, maintaining it did little to advance Musk’s case. Board member Dr. Zeko Kolter said no one had interfered with AI safety work since he joined in 2024, and Taylor said he found nothing warranting Altman’s termination and that Altman has been “forthright” with him.
When asked whether he could be trusted, Altman replied: “I believe I am an honest and trustworthy business person.”
Source: TechCrunch