The court filing comes after Musk’s lawyers sent a letter to Twitter earlier Tuesday, citing the whistleblower’s allegations as another reason for canceling the deal.
In July, Musk sent Twitter its first termination letter, accusing the company of misleading himself about fake accounts on its platform.
Now, Musk says the issue is not limited to fake accounts, but also includes data security and other concerns raised by whistleblowers, opening up a new battleground for both sides.
Last week, Twitter’s former security director, Peiter Zatko, said in a letter of complaint to U.S. regulators that Twitter focused on user growth, ignored spam, and lied about its strong security. plan.
Musk and Twitter are suing each other in a U.S. court in Delaware, with a five-day trial scheduled to begin on October 17.
On Tuesday, Musk asked the judge to continue presenting his respective cases until Nov. 10, followed by a meeting to discuss what evidence could be presented in court. Musk said the trial could begin later that month “depending on what the court arranges.”
The motion to supplement the indictment was filed confidentially in the Delaware Court of Chancery.
Twitter wants the court to rule that Musk completes the $54.20 per share deal. Musk has countersued, accusing Twitter of fraud.
Legal experts say the whistleblower’s letter of complaint has created uncertainty in the case, but has not completely reversed Twitter’s dominance.
“Musk has not used the federal securities fraud charge,” said Eric Talley, a professor at Columbia Law School.
Meanwhile, Twitter filed Tuesday to reject Musk’s application to continue to append documents until 2022, arguing that the motion was an “attempt to undermine the trial plan.”