OpenAI Seeks to Introduce Donkey‑Statue Evidence in Musk‑Altman Trial

Wednesday marked the opening of a high‑profile trial that pits Elon Musk against OpenAI’s chief executive, Sam Altman, over allegations that the company misused the billionaire’s $38 million donation and siphoned a charitable venture to build an AI empire now valued at $850 billion. Amid the legal wrangling, OpenAI’s lawyers introduced an unconventional piece of evidence: a small gold statue of a donkey’s rear end, perched on a white stone base and inscribed with the words, “Joshua Achiam, never stop being a jackass for safety.”

Bradley Wilson, representing OpenAI, handed the statue to U.S. District Judge Yvonne Gonzalez Rogers, explaining that the object symbolized a moment when Musk allegedly called Achiam a “jackass” during a heated exchange in 2018. According to Achiam’s testimony, he interrupted Musk’s speech at the time to warn that the billionaire’s push for artificial general intelligence at Tesla could compromise safety. The statue, Wilson argued, corroborates that exchange and underscores the broader theme of intimidation and safety concerns that OpenAI wants the jury to consider.

The judge’s reaction was less than enthusiastic. She told the attorneys she did not want the statue to become part of the court’s official evidence, effectively limiting its impact. “I don’t want it,” she said, indicating a reluctance to let the quirky object influence the jurors. OpenAI’s counsel, perhaps sensing the judge’s stance, ultimately chose not to present the statue to the nine‑person jury, leaving the piece on the courtroom floor rather than in the hands of the decision‑makers.

Musk’s legal team dismissed the trophy as irrelevant and potentially prejudicial. Attorney Marc Toberoff called it “irrelevant to the claims in the case and issues in the case and prejudicial,” emphasizing that the statue did not pertain to the core allegations of financial misappropriation or the alleged theft of a charitable entity. The dispute over the statue highlights the broader battle lines in the case: Musk accuses OpenAI of turning a nonprofit donation into a profit‑driven behemoth, while OpenAI counters that Musk’s primary interest lies in controlling a top‑tier AI lab rather than supporting genuine nonprofit work.

The courtroom drama also featured a moment of candor from Musk himself. When asked whether he ever referred to an OpenAI employee as a “jackass,” Musk replied, “It’s possible,” adding that such language sometimes serves to jolt people out of complacency. His admission, however vague, gave the prosecution a foothold for linking the alleged insult to the statue’s inscription.

Beyond the theatrical evidence, the trial delved into concrete financial details. Achiam disclosed that he had sold at least $10 million worth of OpenAI shares, yet still retained ownership stakes worth “tens of millions of dollars.” The figure underscores the personal stakes for OpenAI executives who have benefited financially from the company’s meteoric rise, a point Musk’s lawyers are likely to leverage.

OpenAI’s leadership has historically embraced a culture of humor and symbolism. In a 2023 interview with The Wall Street Journal, Altman remarked, “You’ve got to have a little fun … This is the stuff that culture gets made out of,” when asked about the statue. That comment now sits at the intersection of corporate branding and courtroom strategy, illustrating how the firm’s internal narrative can become a point of contention in a legal arena.

Judge Gonzalez Rogers’ decision to keep the statue out of the jury’s view may limit its immediate effect, but the episode reveals how deeply the parties are willing to go to frame the narrative around AI safety and corporate governance. Whether the donkey‑rear statue will become a footnote or a symbolic victory for OpenAI remains to be seen, but its brief moment in the courtroom reflects the unusual blend of technology, personality clashes, and legal theatrics that define the Musk‑Altman showdown.