Elon Musk's Lottery Legal Battle Moves to Federal Court With Allegations of Delay Tactics

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ICARO Media Group
Politics
31/10/2024 21h02

### Elon Musk's Legal Team Shifts Lottery Lawsuit to Federal Court

In an unexpected legal maneuver, Elon Musk's attorneys have moved a lawsuit concerning his super PAC's $1 million lottery-style giveaways from state to federal court. Philadelphia District Attorney Larry Krasner initiated the lawsuit on Monday in state court, but Musk's legal representatives filed for removal to federal court late Wednesday, contending that federal law was pivotal to the case.

John Summers, Krasner's attorney, criticized the move as "cowardly" and "irresponsible" during a state court hearing on Thursday morning. Matthew Haverstick, representing Musk and America PAC, defended their actions, asserting that the removal notice was appropriately filed.

The federal court filing automatically halted any immediate proceedings in state court, where Judge Angelo Foglietta was set to conduct a hearing on Thursday. Despite going forward with the session, Foglietta acknowledged the federal court's jurisdiction over the case. Consequently, Musk's super PAC continues its daily contest operations, announcing another $1 million winner Thursday morning.

In an attempt to expedite proceedings, Krasner's legal team filed an emergency motion on Thursday afternoon to return the case to state court, arguing that the lawsuit was based solely on Pennsylvania law. They accused Musk of employing delay tactics to avoid a ruling before the contest concludes on Tuesday. U.S. District Judge Jerry Pappert demanded a response from Musk's attorneys by Friday morning.

Krasner has argued that Musk's million-dollar giveaways constitute an illegal lottery under state law. Thus far, America PAC claims to have awarded $1 million prizes to 13 individuals in recent weeks. Contest eligibility requires participants to be registered voters in select battleground states and to pledge support for the First and Second amendments.

Summers expressed his intention to push for the case's return to state court, where he believes the issues rightly belong. He noted Musk's absence from the Thursday hearing, contrasting it with Krasner's readiness to testify.

Musk's private jet was tracked in Austin, Texas, Thursday morning, and Summers highlighted Musk's social media activity, particularly a retweet branding Judge Foglietta a "leftist judge," which the judge dismissed as irrelevant.

Throughout the hearing, Summers questioned whether America PAC has genuinely paid the lottery winners, citing the absence of payout records in the super PAC's expenditure reports. Haverstick chose not to address many of Summers' comments, focusing instead on the core legal matters.

Krasner's lawsuit specifically targets the regulation of lotteries in Pennsylvania, sidestepping broader questions about potential violations of election laws against buying votes or paying for voter registration, which have been raised by the U.S. Justice Department and legal experts.

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