Elon Musk subpoenas former Twitter CEO and friend Jack Dorsey

SAN FRANCISCO — Tesla CEO Elon Musk has subpoenaed his friend and former Twitter CEO Jack Dorsey as part of an effort to renege on its $44 billion deal to acquire the company Dorsey helped foundaccording to court documents.

Twitter and Musk are heading to a trial on Oct. 17 in Delaware that is expected to determine whether or not Twitter can force the billionaire to complete the acquisition.

Twitter has subpoenaed a host of Musk-linked investors and tech entrepreneurs, including prominent venture capitalist Marc Andreessen and David Sacks, PayPal’s founding chief operating officer.

Musk claimed that Twitter failed to provide adequate information about the number of fake Twitter accounts, or “spam bots,” and that it breached its obligations under the agreement by firing senior executives and laying off a large number of employees. Musk’s team expects more information about the bot numbers to come to light during the trial court’s discovery process, when both sides must turn over evidence.

Twitter claims Musk’s reasons for backing down are just a cover for buyer’s remorse. Shortly after Musk agreed to pay 38% above Twitter’s share price, the stock market tumbled and shares of electric car maker Tesla, where most of Musk’s personal wealth resides , have lost more than $100 billion of their value.

The subpoena was served last week. He asks Dorsey for documents and communications related to the acquisition, as well as information on the effect of fake or spam accounts on Twitter’s business and its measurement of daily active users.

A lawyer representing Dorsey did not immediately respond to a message for comment on Monday.

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