Tesla and SpaceX boss Elon Musk will be able to use Twitter whistleblower Peiter Zatko‘s statements in the upcoming case, a US judge ruled on Wednesday. Musk will be entering a high-profile trial in October this year against Twitter. Elon Musk’s bid to delay the upcoming trial failed.

Microblogging platform Twitter is suing Musk to force him to go through with the deal he made in April to buy the company. Musk has countersued and a trial is set to start the week of October 17.

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Musk’s legal team has argued that the allegations made by Zatko to US officials may help bolster Musk’s claims that Twitter misled him and the public about the company’s problem with fake and “spam” accounts.

Peiter Zatko, a well-known cybersecurity expert, said he was fired in January after raising flags about Twitter’s negligence in protecting the security and privacy of its users. Zatko is also scheduled to appear before the US Senate on September 13.

Twitter’s attorneys sought to downplay the relevance of Zatko’s allegations to the merger dispute, arguing that an initial 27-page complaint he sent to Twitter and a later retaliation clam made no mention of the “spam bot” issues that Musk has given as a reason to terminate the deal.

Zatko “never said a word about spam or bots” until his July whistleblower complaint, said Twitter attorney William Savitt, according to news agency Associated Press.

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Twitter has argued for weeks that Musk’s stated reasons for backing out were just a cover for buyer’s remorse after agreeing to pay 38% above Twitter’s stock price shortly before the stock market stumbled and shares of the electric-car maker Tesla, where most of Musk’s personal wealth resides, lost more than $100 billion of their value.

McCormick, the judge, said Wednesday the newly published whistleblower complaint gave Musk’s team grounds to amend its countersuit but she declined to weigh in on the details.