Musk’s lawyer says bias, ‘a mockery of justice’ after judge upholds $4.20 verdict
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Elon Musk’s lawyer is urging a federal judge to reconsider a recent jury verdict that found Musk guilty of misleading investors, arguing the panel’s decision was tainted by bias and “made a mockery” of the judicial process.
“Mr. Musk entered this case worried that he would not be able to have a fair trial by an impartial jury, that he would be deprived of counsel of his own choosing, and that he would not be able to present the full testimony of one of the key witnesses in his defense,” Musk’s lawyer, Alex Spiro, wrote in a letter sent to US District Judge Charles R. Breyer, the judge presiding over the case. “Unfortunately, and as evidenced by the record and expressed in the jury’s verdict form, all of these fears were realized.”
A judge this month found Musk misled investors in his 2022 bid to buy Twitter – now known as ‘X’ – in a case centered on allegations he manipulated stock prices.
Spiro said the judge’s conduct raises a “serious issue” about whether Musk received a fair trial – citing what he described as the deliberate and symbolic use of the number 4.20 – which he says has long been associated with Musk – on the verdict form.
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President Donald Trump is seen with Elon Musk. (Brandon Bell/Getty Images)
Musk has repeatedly relied on internet jokes and references to the number “420”, which has long been associated with marijuana culture. The SEC in 2018 accused Musk of choosing a price point of $420 for Tesla shares because it referred to the pot, which Musk described as “unfair.”
Spiro noted in the letter that the judges “emphasized” the $4.20 figure in blue ink and a large font, and described it as a “numbers joke” intended to “send a message” to Musk, in his view, rather than reflect neutral application of the law.
He also said the presentation of the damages number, which stood out from other figures on the form, reiterated his concern that the decision was influenced by “bias,” not evidence.
The filing from Spiro comes amid allegations by Musk’s legal team that their client was denied a fair trial. He also raised allegations of juror animosity and what he described as misconduct by opposing counsel, as well as procedural rulings that limited Musk’s ability to present key evidence.
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Elon Musk speaks at the Conservative Political Action Conference, CPAC, at the Gaylord National Resort and Convention Center in 2025. (AP Photo/Jose Luis Magana)
According to Spiro, the jurors’ questionnaire revealed “deep” negative views of Musk, and the court was unable to fully screen out biased jurors due to the prevalence of those views. He also accused opposing counsel of engaging in “shaming” that sidelined him from the trial role and presented prejudicial arguments unrelated to the core claims.
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Elon Musk looks on as President Donald Trump meets with South African President Cyril Ramaphosa. (AP/Evan Vucci)
Despite those concerns, the judges in the case rejected the main allegations of the plaintiffs – that Musk had planned a deliberate plan to manipulate the price of Twitter stock during his attempt to acquire things in 2022. However, the jury found that Musk was responsible for a much smaller issue, stemming from statements he made about the nature of the deal.
Spiro, meanwhile, said the mixed result underscores the problem — suggesting that the recovery is driven less by evidence and more by a desire to punish Musk personally.
“The inescapable conclusion,” he wrote, is that the judge used his decision to express opinions about Musk instead of impartially applying the law.
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The court has yet to rule on these claims, although the filing in question may include other legal challenges to the decision, including possible attempts to overturn or reconsider the outcome.
This is a developing news story. Check back for updates.
