Elon Musk Wins Court Approval to Add Twitter Whistleblower Zatko’s Complaint in Countersuit

A Delaware court has ruled in favor of Elon Musk, granting his motion to introduce whistleblower Peiter Zatko's complaints in his countersuit against Twitter.

Illustration of Elon Musk and Twitter
Musk v. Twitter

The judge overseeing the legal battle between Twitter and Elon Musk today (Sept. 7) granted Musk’s motion to include recent complaints filed by Peiter Zatko, Twitter’s former head of cybersecurity, in his countersuit against the social media company. However, the court denied Musk’s request to delay the trial from October to November.

The ruling, signed by Delaware Chancellor Kathaleen McCormick, came a day after lawyers representing Twitter and Musk argued their respective cases in a pretrial hearing in Delaware’s Chancery Court on Sept. 6.

Zatko’s complaints, filed with various government agencies in July and made public in August, alleged Twitter has violated its security agreement with the U.S. government and fails to accurately count the number of bots and fake users on its platform. If proven true, these accusations could bolster Musk’s case to back out from an agreement to buy Twitter for $44 billion, his lawyers have said.

Twitter sued Musk in July, seeking to compel him to complete the acquisition they had agreed upon in April. Musk later countersued Twitter, alleging that Twitter had breached their merger agreement by failing to provide the information regarding bot users. Elon Musk Wins Court Approval to Add Twitter Whistleblower Zatko’s Complaint in Countersuit