Elon Musk has subpoenaed Twitter co-founder and former CEO Jack Dorsey, who initially praised the Tesla CEO’s $44 billion takeover billion deal as part of a “mission to extend the light of consciousness.”
The subpoena, which was revealed in a Delaware Chancery Court filing on Monday, focuses on Twitter’s alleged problem with spam bots and marks an escalation in Musk’s legal battle. The trial is scheduled to start in October.
The subpoena states that Dorsey will be asked for information about “the impact or effect of false or spam accounts on Twitter’s business and operations” — as well as metrics the company uses to measure spam bots.
Musk also wants “documents and communications” related to how Twitter’s spam bot calculations may have figured into compensation for executives or board members, according to the subpoena.
Dorsey’s lawyer accepted service of the subpoena on Friday and agreed to respond within 14 days, according to emails included in court filings.
Musk has repeatedly accused Twitter of misrepresenting the number of spam accounts on its site and argued that he should be allowed to walk away from the deal due.
Twitter declined to comment, while Musk and Dorsey’s lawyers did not immediately respond to request for comment.
Dorsey co-founded Twitter in 2006 and served as its CEO until November 2021. The eccentric, bearded founder supported Musk when Twitter accepted his buyout deal in April of this year.
“I trust his mission to extend the light of consciousness,” Dorsey wrote of Musk the day the deal was announced. “Elon’s goal of creating a platform that is ‘maximally trusted and broadly inclusive’ is the right one.”
“This is the right path…I believe it with all my heart,” Dorsey added.
Dorsey left Twitter’s board of directors in May — just days after Musk said he was putting the deal “on hold” due to his concerns about bots.
Musk has also spoken positively about Dorsey.
In March 2020, when Dorsey was on the brink of being ousted as Twitter CEO by activist investor Elliott Management, Musk publicly endorsed Dorsey.
“Just want say that I support @Jack as Twitter CEO. He has a good [heart],” Musk wrote.
Both Musk and Twitter have cast a wide net of subpoenas in August as they prepare for the trial in Twitter’s lawsuit to kick off on Oct. 17.
Beyond Dorsey, Musk has subpoenaed JPMorgan Chase and Goldman Sachs, which advised Twitter during deal negations. He has also subpoenaed Twitter’s former consumer product chief Kayvon Beykpour and ex-revenue product head Bruce Falck, among others.
Twitter, meanwhile, has subpoenaed a slate of Musk’s friends, including elite tech investors Marc Andreessen, Chamath Palihapitiya, David Sacks, Steve Jurvetson, Jason Calacanis, Keith Rabois and Joe Lonsdale.
Lonsdale blasted the subpoenas as a “giant harassing fishing expedition.”
Twitter shares were down 2.2% on Monday afternoon at $43.03 amid a broader slump in the markets. The tech-heavy Nasdaq Composite Index was down 2.5%.
—Additional reporting by Josh Kosman
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