Support Now From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging. At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story. The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it. Your support makes all the difference. Read more Elon Musk flew to China for President Trump’s state visit to the country despite being warned by a judge that he could be recalled for the ongoing OpenAI trial. ​ The lawsuit filed by Musk alleges that OpenAI, which he co-founded, went against its mission by creating a for-profit arm. The X owner testified as part of the trial in Oakland, California, last month. Before Musk left the witness stand on April 30, U.S. District Judge Yvonne Gonzalez Rogers asked the parties involved if there was any reason to hold Musk in “recall status,” NBC News reported. OpenAI’s lawyers said, “Yes.” ​“Okay, Mr Musk, you are not excused, but you can leave for the day.” Rogers told Musk, who was not required to attend in person for the whole of the case.​ At the time, the dates of the president’s trip to China had not been confirmed. open image in gallery Elon Musk jetted to China despite a judge warning him that he could be recalled to a trial involving OpenAI (Getty) However, “a typical witness would not leave the country if they were subject to recall,” Jeffrey Bellin, a law professor at Vanderbilt University, told NBC News. He did note that there is no set rule for how near to a courthouse a witness must be if they are subject to recall. ​Usually, that was a matter for a judge to decide and attorneys would discuss the issue with them. Beijing is around 5,900 miles away from Oakland, and flying from the Chinese capital to nearby San Francisco would take around 14 hours. Musk boarded the flight Tuesday and the final day of testimony in the trial was Wednesday, with closing arguments scheduled for Thursday. ​ “If I were the attorney, I would have made sure that if my witness is subject to recall and he’s left the country, that the judge is OK with that,” Bellin added. open image in gallery