Jason Lemkin

If it goes to jury, I think two comments I will make.

From a facts perspective, I think in the end, Elon has to prove his case, and it's a high bar to prove.

You got to prove that all, it's a very hard, you got to prove right when they were raising the money charitably, they were all along intending to swipe it and build a for-profit.

And I think that's very hard to do because Altman's money went in as a for-profit, a not-for-profit too.

So I think it's fundamentally, I think Elon's wrong on the core assertion.

I don't think this was a cunning device.

to cheat everyone.

Because if they wanted to do that, they could have just done what Entropic did, which is the totally sensible interim stage of a public benefit corporation and saved all this freaking drama.

So I think stripping aside all the bad facts, I think the core assertion Elon is making, which is they misled me into giving them $30 million for this thing, which was never going to be a charity.

And therefore, I get my money back.

I think that's wrong.

but to your point you still got to prove it to a jury.

Now the other comment is remember he has to prevail so as long as there's one person on the jury who hates him more than he hates Sam he ain't going to win.

It's going to be hard

First of all, it's going to be a very unattractive cast of characters, an Oakland courtroom.

You get Sam to come in and say, hey, talk about how you said this is going to make everyone unemployed.

Then you get Elon to come in.

They're going to hate the whole being on the stand thing, which everyone's going to have to go on, right?

I think the jury will get, if they get into that room, they're going to go, wow, I don't like any of these people.

But the problem is this, for Elon to win, he has to get them to all vote for him.