During the Musk v. Altman trial, a dramatic moment unfolded while the jury was dismissed. Jared Birchall, Musk's finance chief and all-around fixer, took the stand and was asked about the xAI bid for OpenAI's assets. Birchall stated that a lawyer working with Musk had asked California's attorney general to ensure proper value was given to OpenAI's nonprofit assets. He claimed there was a negotiation "between Sam Altman and himself on both sides of the table, the for-profit and the non-profit, attempting to discount the value of the non-profit assets." Birchall asserted that the xAI bid was made "in an attempt to properly account for the value the foundation had, and create a market bid that would need to be considered by the attorney general." The defense counsel objected, and Birchall's testimony was struck for lack of foundation. Judge Yvonne Gonzalez Rogers then began questioning Birchall herself, creating an impromptu deposition. Birchall claimed he didn't remember discussing the xAI bid with Musk or Shivon Zilis, and appeared unsure whether xAI knew that one of its lawyers, Marc Toberoff, represented some of the other bidders.
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