If you've been reading this blog for more than a little while, you are probably familiar with my more than a little mild antipathy for jury duty. From the moment I pull that summons out of the box, I become anxious and feel put upon for the request by my government to help fulfill the Sixth Amendment. I am not one of those who crumple up that piece of paper, daring the local authorities to come and find me. After all, I like voting, so I will accept the call.
Begrudgingly.
Contrast this to the choice made by Elongated Mush last week when he chose to skip out of his own trial, the one he set into motion with a lawsuit against artificial intelligence startup OpenAI. Mister Mush testified in an Oakland courtroom, perhaps one of the very same in which I have cooled my heels waiting to be called up, back on April 30. At that time, U.S. District Judge Yvonne Gonzalez Rogers asked the parties if there was any reason to hold Musk in “recall status,” meaning that he should be available to testify again if called upon to do so. OpenAI lawyers said, “Yes.” The judge instructed him: “OK, Mr. Musk, you are not excused, but you can leave for the day.”
Which is odd since Mushie packed his valise and hopped aboard Air Force One with his frenemy the Orange Worst. They went to the other side of the world to curry favor with the powers that be in China, a fourteen hour flight away from Oakland. While these Mister Mush grovels in front of the world's biggest consumer of electronic components, the one hundred thirty-four billion dollar lawsuit he filed against his old pal Sam Altman may remains unsettled. Jeffrey Bellin, a law professor at Vanderbilt University and an expert in the rules of evidence suggests, “A typical witness would not leave the country if they were subject to recall."
Sorry, Mister Bellin. You fail to see the internal fallacy of your assertion. Elongated Mush is a lot of things, but "typical" is not among them. Go ahead and try to conjure up the image of Mushie standing in front of his mailbox, frowning at the jury summons.
I'll wait.