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Elon Musk asks to delay Twitter trial to November, cites whistleblower

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Elon Musk wants a Delaware court to ward off the Twitter takeover trial until at the least November — and has asked for permission to amend his countersuit against the corporate following recent whistleblower accusations. 

In a court filing unsealed Tuesday, Musk asked Delaware Court of Chancery Judge Kathaleen McCormick to ward off the five-day trial from the currently scheduled date of Oct. 17 to an unspecified date no sooner than November 10.

The Tesla CEO also filed a request to amend his countersuit against Twitter, court records show. While the request was filed under seal, sources near the case told The Post that Musk is trying to incorporate accusations from Twitter whistleblower Peiter “Mudge” Zatko into his countersuit. 

The Post first reported Musk’s plans to ward off the trial and use Zatko’s complaints in court on Friday.

Zatko accused Twitter of covering up a litany of problems, including cybersecurity lapses that he said pose a national security risk. Twitter has said his allegations are “riddled with inconsistencies and inaccuracies” and lack “essential context.”

Musk’s initial countersuit against Twitter — a part of a broader legal technique to get out of his $44 billion deal to purchase the corporate — focused on Twitter’s alleged problem with spam accounts, limiting Musk’s ability to hunt records from Twitter related to Zatko’s cybersecurity accusations. 

Elon Musk wants to include whistleblower Peiter “Mudge” Zatko’s accusations into his legal case. The Washington Post via Getty Im

In an email exchange included in Tuesday’s court papers, Musk’s lawyers pressed Twitter to show over an unreacted copy of an internal report that Zatko gave the corporate in February 2022 outlining his concerns. 

“The document doesn’t contain any references to ‘spam,’ and it just isn’t otherwise attentive to defendants’ document requests,” Twitter’s lawyers responded. “As such, we don’t imagine defendants have any basis to demand its production.” 

Musk’s team responded that they were “dissatisfied” by Twitter’s “refusal” to show over the Zatko report and a number of other other documents. 

“Please tell us… if we’re at an impasse on these issues so we are able to promptly seek relief from the Court,” Musk’s lawyers added. 

The filings unveiled Tuesday seem like a maneuver by Musk’s team to bring Zatko’s accusations into the courtroom. 

Musk’s proposed November court date could run into scheduling snarls, given the Thanksgiving and Christmas holidays.

“We remain committed to closing the transaction on the value and terms agreed upon with Mr. Musk.” a Twitter spokesperson told The Post. “We now have not breached any of our representations or obligations under the Agreement, and haven’t suffered and will not be more likely to suffer a Company Material Opposed Effect.”

Twitter shares were trading down 1.8% at $39.30 on Tuesday afternoon. 

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