Musk can use whistleblower claims, but can't delay Twitter trial

STORY: Elon Musk's request to add a whistleblower complaint to his Twitter countersuit was granted by a Delaware judge on Wednesday.

But the Tesla CEO’s petition to delay the trial over his bid to get out of buying Twitter was denied, according to a court order.

Twitter sued the world's richest person to hold him to his April agreement to buy the company for $44 billion.

Musk's legal team argued in court on Tuesday that the five-day trial scheduled to start on Oct. 17 should be delayed to mid-November.

But the judge wrote: "I am convinced that even four weeks’ delay would risk further harm to Twitter."

The billionaire's lawyers argued he needed the extra time so he could investigate allegations that Twitter had misrepresented its data security.

Last month, whistleblower allegations from Twitter's former head of security, Peiter Zatko, were made public, and said the company misled federal regulators about its defenses against hackers and spam accounts.

That provided Musk with fresh ammunition to bolster what legal experts said was a long-shot attempt to walk away from his deal to buy Twitter without paying a $1 billion termination fee.

Musk's initial case against Twitter claimed the company misrepresented the prevalence of spam accounts on the platform.

But at Tuesday's hearing, Twitter's lawyer read a message from Musk that he said showed the billionaire wasn't actually concerned about spam accounts.

Musk sent a message to a Morgan Stanley banker in May, as Russian President Vladimir Putin was warning the West over his country's war in Ukraine, that read "it won't make sense to buy Twitter if we're heading into World War III."

The deal contract allows Musk to walk away under certain narrow conditions, but war is specifically excluded.