The John Johnston Lounge
The John Johnston Lounge

Elon Musk Moves For Twitter Fraud Mistrial Because He’s Too Hated

March 10, 2026

AI Summary

5 min read

Elon Musk Moves For Twitter Fraud Mistrial Because He’s Too Hated

Nearly 40 prospective jurors were dismissed during jury selection in San Francisco because they could not set aside their biases against Elon Musk. That striking number is at the center of Musk's legal team's motion for a mistrial in the ongoing Twitter securities fraud class action lawsuit—a move that signals the defense believes the trial is not going its way.

The case stems from shareholders accusing Musk of deliberately tanking Twitter's stock price through misleading tweets about bot accounts before completing the $44 billion acquisition in 2022. Musk's legal team, led by Alex Spiro, filed a 20-page motion on March 7 explicitly citing "the animosity in the community toward Mr. Musk" as a core problem. The motion does not seek to dismiss the case outright—it asks the court to throw out the current trial and start over with a new jury.

The Five Grounds for Mistrial

Musk's lawyers list five separate reasons for declaring a mistrial. First, they argue that plaintiff's lawyers repeatedly violated the judge's own pretrial ruling. Judge Charles Breyer had explicitly barred any argument suggesting Musk violated securities laws when he secretly accumulated over nine percent of Twitter stock before disclosing his position to the SEC in early 2022. The defense claims plaintiffs ignored this restriction.

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What you'll learn

  • 1 (01:09) **Case Introduction: Musk Moves for Mistrial** - JJ introduces the headline that Elon Musk's legal team has filed a motion for a mistrial in the ongoing Twitter securities fraud class action lawsuit in San Francisco.
  • 2 (03:45) **What a Mistrial Motion Actually Means** - JJ clarifies that this is not a motion to dismiss the case, but a request to throw out the current trial and start over with a new jury.
  • 3 (04:14) **Five Grounds for Mistrial** - Musk's legal team, led by Alex Spiro, lists five separate grounds for mistrial in the filing.
  • 4 (06:17) **The Core Problem: Jury Hostility** - The filing's most notable argument is the candid acknowledgment of jury hostility, with nearly 40 prospective jurors dismissed during selection for admitting they could not set aside their biases.
  • 5 (07:53) **Will They Get a Mistrial?** - JJ speculates on the outcome, noting the difficulty of finding an unbiased jury for a famous and divisive figure like Musk, especially in San Francisco.
  • 6 Standout Quotes
  • 7 (06:34) "Musk lawyers explicitly acknowledge what was evident during jury selection... the San Francisco jury pool harbors significant animosity towards Musk. Nearly forty prospective jurors were dismissed during jury selection."

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Guests on this episode

Show Notes

John Johnston (JJ) breaks down how Elon Musk’s legal team has filed a motion for mistrial in the Twitter securities fraud class action lawsuit in San Francisco. Elon’s lawyers argue that the plaintiffs’ lawyers and the judge have created an environment where Musk cannot get a fair trial. The filing cites “the animosity in the community toward Mr. Musk apparent during jury selection.”


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Elon’s SpaceX $1.75T IPO: ‘Lottery Ticket With Better Branding’ https://open.spotify.com/episode/6cfQKCpmzocEleD5PDjJxa


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Disclaimer: I am not a financial adviser and nothing in this content is financial advice. This content is for general education and entertainment purposes only. Do your own analysis and seek professional financial advice before making any investment decision.

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