Gold Donkey Trophy Cited as Evidence In Musk v. Altman Trial, Not Shown to Jurors

In the Musk v. Altman trial, a small gold donkey trophy connected to OpenAI chief futurist Joshua Achiam surfaced as disputed evidence and highlighted tensions over Elon Musk’s conduct and the company’s culture. The object was handed to US District Judge Yvonne Gonzalez Rogers during Achiam’s testimony but attorneys later decided not to display the statue to the nine jurors, a choice that underscored limits on demonstrative evidence.

The statuette sits on a white stone base and depicts a donkey’s rear with an inscription reading, “Joshua Achiam, never stop being a jackass for safety.” OpenAI attorney Bradley Wilson introduced the object in court and said colleagues Dario Amodei and David Luan had gifted it to Achiam. Achiam, who started at OpenAI as an intern in 2017 and now leads work on societal change, testified that Musk “snapped and called me a jackass.

The trophy episode is one piece within broader claims at the center of the trial. Musk’s lawsuit alleges OpenAI effectively stole a charity and misused his $38 million in donations to build what he characterizes as an $850 billion business. OpenAI’s defense portrays Musk as chiefly motivated by a desire to control a top-tier AGI lab rather than preserve a nonprofit funding model. Under questioning by his lawyer Steven Molo, Musk acknowledged it was “possible” he had called an OpenAI employee a “jackass” and defended his use of strong language.

Judge Gonzalez Rogers said she would consider admitting the trophy only if referenced to corroborate testimony and explicitly declined to take possession of the object in court, stating, “I don’t want it.” Marc Toberoff, an attorney for Musk, emailed that the trophy was “irrelevant to the claims in the case and issues in the case and prejudicial.” OpenAI did not immediately provide an on‑the‑record comment about the decision not to show the physical item to jurors.

Witness testimony emphasized the item’s cultural role inside OpenAI. Achiam told the court the trophy mattered because colleagues “agreed it was important to stand up for principles and stand up to very powerful people like Elon.” Sam Altman has previously described the object as part of company culture, calling it “the stuff that culture gets made out of.” Achiam also testified that he has sold at least $10 million in OpenAI shares and retains tens of millions more.

Beyond the theatrical moment, lawyers and the judge treated the trophy as emblematic of how personnel conflicts and symbolic artifacts are being woven into a high‑stakes dispute about governance, donor intent, and control of advanced AI labs. The judge’s cautious approach to the item reflects courtroom limits on demonstrative props as jurors weigh competing narratives about the founding, financing and leadership of a leading AI organization.