Elon Musk Seeks Mistrial in Twitter Lawsuit Over Alleged Jury Bias

Musk's legal team claims the trial has been tainted by misconduct and community animosity toward the Tesla CEO.

Published on Mar. 9, 2026

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Elon Musk's lawyers have filed a motion for a mistrial in a securities fraud class-action lawsuit against him, alleging that misconduct by opposing lawyers and even the court itself has made a fair trial impossible. The lawsuit accuses Musk of violating securities law by making misleading public statements in an effort to push Twitter's stock price down before he ultimately bought the platform in October 2022. Musk's lawyers argue that while each issue may not independently warrant a mistrial, the 'cumulative prejudice' requires a new trial with a fresh jury.

Why it matters

This case highlights the challenges Musk faces in navigating high-profile legal battles, particularly in the San Francisco Bay Area where he has faced significant public scrutiny and animosity. The outcome could have major implications for Musk's future business dealings and public reputation.

The details

Musk's lawyers allege that the plaintiffs' lawyers repeatedly violated a pretrial ruling that barred them from suggesting Musk violated securities laws by waiting too long to disclose his initial 5% stake in Twitter. They also claim the judge, Charles Breyer, exceeded his 'supervisory role' during the examination of Twitter's former CFO and CEO. Additionally, Musk's team argues the trial has been tainted by widespread community animosity toward Musk, with the judge quickly eliminating 40 potential jurors out of 93 who expressed they could not set aside their negative views on the Tesla CEO.

  • The lawsuit was filed on behalf of shareholders who sold Twitter stock between when Musk's May 2022 tweet about Twitter's spam/fake accounts and early October 2022.
  • Musk's lawyers filed the motion for a mistrial on Saturday, March 9, 2026.

The players

Elon Musk

The CEO of Tesla and the new owner of Twitter, who is being sued by shareholders for allegedly making misleading public statements to push Twitter's stock price down before he bought the platform.

Judge Charles Breyer

The federal judge presiding over the securities fraud class-action lawsuit against Musk.

Ned Segal

Twitter's former Chief Financial Officer, who is now an advisor to the San Francisco mayor on housing and economic policy.

Parag Agrawal

Twitter's former CEO.

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What they’re saying

“We have so many people in the venire who hate him so much that we're becoming desensitized. In any other case where a prospective juror said in a questionnaire that they hated the defendant, 'there would be no question' that they would be tossed out.”

— Stephen Broome, Musk's attorney at Quinn Emanuel Urquhart & Sullivan LLP (Bloomberg Law)

“The Court has an obligation to protect Mr. Musk's right to a fair trial. The duty is all the more important given the animosity in the community toward Mr. Musk apparent during jury selection.”

— Musk's lawyers (Motion for mistrial)

What’s next

The judge will decide whether to grant Musk's request for a mistrial and order a new trial with a fresh jury.

The takeaway

This case highlights the challenges high-profile figures like Elon Musk face in obtaining an impartial jury, particularly in communities where they have faced significant public scrutiny and animosity. The outcome could set an important precedent for how courts balance the right to a fair trial with the realities of widespread community bias.