Federal judge orders Musk back to Pennsylvania court for 'illegal lottery' lawsuit
Philadelphia's top prosecutor sued Elon Musk and his Trump-supporting political action committee over its $1 million daily giveaways, arguing they amount to “illegal bribery."
A federal judge on Friday denied Elon Musk’s request to move a Pennsylvania lawsuit over his $1 million daily giveaways to federal court, remanding the case — which centers on whether the giveaways amount to "illegal bribery" under Pennsylvania law — back to the state for a hearing.
The decision is a victory for Philadelphia District Attorney Larry Krasner, who filed a lawsuit earlier this week to stop Musk and his Trump-supporting political action committee from continuing its $1 million giveaways to swing state voters.
Judge Angelo Foglietta on Friday ordered the hearing to take place Monday at 10 a.m., in accordance with Krasner's request that the matter be heard "immediately."
It is unclear whether Musk, whose attorneys filed a motion Friday evening to quash a mandatory attendance provision in the lawsuit, will show up to court.
The D.A.'s office has described the giveaways as an "illegal lottery" aimed at influencing the results of a presidential election and a violation of Pennsylvania law.
It also accused Musk and his PAC of violating consumer protection laws, citing the "deceptive" and "misleading" statements Musk had made about the nature of the contest.
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Musk's attorneys had requested the case be heard in federal court, delaying an original hearing scheduled for Thursday.
Attorneys for the Tesla founder and Trump supporter also used this as a pretext for his failure to show up at an originally scheduled court date in Philadelphia.
They accused Krasner's office of creating a "circus atmosphere" by naming him in the suit.
In a filing on Thursday night, Krasner urged the U.S. District Court in Philadelphia to "immediately" remand the lawsuit back to the state, noting that the lawsuit brought against Musk rests solely on state law claims and has no basis for removal.
The push to have a federal court oversee the case "is a stunt to obtain a procedural advantage," he said, and "run out the clock" until the election.
Until the hearing occurs, Musk and the PAC are likely free to continue their daily giveaways.
"Brazenly, they have done so every day since the filing of the Complaint — including this morning, the day of the scheduled hearing," Krasner said Thursday in filing the emergency request.
The legal battle comes as Musk's America PAC has awarded $1 million prizes to 14 people to date — which it said it plans to do through Election Day.
Musk had billed the $1 million daily giveaways as an effort to increase voter registration across seven major swing states, and claimed its daily winners are selected at "random."
But the district attorney’s office contested this, noting: "Though Musk says that a winner’s selection is ‘random,’ that appears false because multiple winners that have been selected are individuals who have shown up at Trump rallies in Pennsylvania."
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The lawsuit notes that all lotteries in Pennsylvania are required to be "operated and administered by the state." Musk’s daily giveaways, the suit claims, run afoul of that law.
The Tesla founder and CEO has come under increased scrutiny for the daily giveaways.
Last week, the Justice Department sent a letter to Musk warning that the giveaway scheme might violate federal election laws, which criminalize paying voters to register or participate in elections.
