District Attorney Larry Krasner (R) addressed the media at City Hall in Philadelphia, Pennsylvania, on October 31, 2024, following a hearing concerning Elon Musk's million-dollar cash giveaways to voters.
A Pennsylvania state judge announced on Thursday that he would not expedite a lawsuit aiming to halt Elon Musk's $1 million voter giveaway prior to the November 5 US presidential election. During a hearing in Pennsylvania, Judge Angelo Foglietta decided to hold the lawsuit in abeyance while a federal court deliberates on whether to accept the case. This decision allows Musk to proceed with the giveaway, as the issue is unlikely to be resolved before the election.
The billionaire entrepreneur, who is heavily backing Republican Donald Trump, was ordered to attend the hearing but did not show up. Philadelphia District Attorney Larry Krasner is attempting to stop the giveaway just days before the closely contested presidential election between Trump and Democrat Kamala Harris. Krasner, a proponent of progressive causes during his campaign for district attorney, accuses Tesla CEO Musk and his political action committee America PAC of orchestrating an "illegal lottery scheme to sway voters".
Musk has been distributing $1 million checks to randomly selected individuals who sign a petition supporting free speech and gun rights. The offer is restricted to registered voters in seven key states expected to determine the outcome of the November 5 election: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. The first $1 million was given away at an October 19 America PAC rally in Harrisburg, Pennsylvania's state capital.
Following the hearing, Musk posted "American Justice FTW" on his social media platform X, indicating his confidence in the outcome. Krasner's October 28 lawsuit argues that the giveaway should be halted as it constitutes an illegal lottery that breaches consumer protection laws through misleading language.
Published reports indicate that Krasner requested additional security for the hearing, citing an "avalanche" of inflammatory social media posts, including antisemitic attacks directed at him, and the posting of his home address. Musk, in a filing, asserts that Krasner's lawsuit raises issues of free speech and election interference that should be addressed in federal court.
Prosecutor John Summers announced plans to return the case to state court, emphasizing that it involves state law issues. Musk's lawyer, Matthew Haverstick, accused prosecutors of targeting Musk to create a "circus atmosphere" and argued that America PAC should be the sole defendant. Summers noted that Musk could easily attend if he wished, while Judge Foglietta humorously dismissed the idea of Musk traveling via rocket to Philadelphia.
Krasner's office claims in the lawsuit that Musk and America PAC have not clearly outlined the rules for the giveaway or how they are safeguarding voters' personal information. Additionally, they argue that the recipients of Musk's money are "not truly chosen at random", citing two winners who attended pro-Trump rallies. The giveaway's legality under election law is uncertain, with legal experts divided on whether Musk is violating federal laws against paying individuals to register to vote.
Krasner filed his lawsuit in state court and does not allege a federal law violation. Media reports suggest that the US Department of Justice warned America PAC that the giveaway could contravene federal law, though no public action has been taken by federal prosecutors. Musk has contributed nearly $120 million to America PAC, which has been heavily involved in door-to-door efforts to ensure Trump's supporters vote. The entrepreneur has become a vocal Trump supporter this year and has promoted the former president on his X platform. Researchers have noted that X has been ineffective in combating a surge in election misinformation.
In return, Trump has promised that if re-elected, he would appoint Musk to head a government efficiency commission.
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