Judge rejects Elon Musk’s bid to transfer lawsuit against $1 million giveaway to federal court in favor of Philadelphia district attorney

PHILADELPHIA (WPVI) — A federal judge on Friday rejected Elon Musk’s request to move the lawsuit against his $1 million giveaway to federal court, according to a new ruling.

The judge ordered the case to be sent back to Pennsylvania state court.

It’s a victory for Philadelphia District Attorney Larry Krasner, who argued the case was limited solely by state law and said it should be dismissed.

The decision was made despite Musk’s opposition.

The district attorney asked that the case be immediately returned to state court so they could continue their efforts to immediately stop the giveaway before the election.

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The Philadelphia district attorney’s attempt to shut down Elon Musk’s $1 million-a-day campaigns went to federal court Thursday after a state judge allowed both sides to argue their grievances in a hearing the world’s richest man skipped.

Judge Angelo Foglietta agreed that Musk, as a named defendant in the case lawsuit filed by District Attorney Larry Krasnerwas scheduled to attend the hearing in person but refused to immediately sanction the tech mogul.

Musk’s lawyer, Matthew Haverstick, said he is an extremely busy man who can’t just “materialize” into a courtroom hours after a hearing is scheduled. Krasner’s team disputed the notion that the SpaceX founder was unable to travel to Philadelphia, prompting a swift response from the judge.

“Counselor, he’s not going to get in a rocket ship and land on a building,” Foglietta responded.

The huge giveaway to registered voters comes from Musk’s political organization, which is seeking to support Donald Trump’s presidential campaign.

After his lawyers argued it was a case of federal election interference, Foglietta put the state case on hold pending a decision in federal court, where the case was assigned to U.S. District Judge Gerald J. Pappert, the former Republican attorney general of Pennsylvania appointed by the federal government. President Barack Obama’s panel. No hearings were immediately scheduled there.

But in a new emergency statement Thursday night, Krasner asked the judge to “immediately” send the case back to state court, asking them to do so Thursday “if at all possible” so it can continue in state court.

In a statement, the district attorney’s team says Musk’s claims are “without merit” and reiterates that their lawsuit contains “only state law claims,” ​​making it ineligible at the federal level.

They say Musk’s last-minute attempt is “a stunt to gain a procedural advantage to avoid a decision… and stall until Election Day.”

Judge Gerald J. Pappert ordered Musk to respond to the district attorney’s plea by 10 a.m. Friday.

Krasner, a Democrat, accused Musk and his PAC of running a dubious lottery in the tense run-up to Tuesday’s election.

Krasner’s lawyers noted that four of the first dozen winners were from Pennsylvania, a possible key prize in the tight presidential race between Trump and Vice President Kamala Harris.

“Is it just a coincidence that this particular state has the most electoral votes? I don’t think so,” counters lawyer John Summers.

Voter Guide 2024: Here’s what you need to know ahead of Election Day in Pennsylvania, New Jersey and Delaware.

Musk’s America PAC posts on X, a social media platform he bought, indicate he has handed out 13 $1 million checks since the first one in Harrisburg, Pennsylvania, on Oct. 19. Arizona, Georgia, North Carolina and Michigan.

Krasner’s lawyers noted that Musk and America PAC “brazenly” continued the lottery every day this week, including Thursday morning, despite Krasner’s legal bid to shut it down. The drawing will run until Election Day and will be open to residents of states close to the polls who can prove they are registered to vote and sign a petition supporting the Constitution.

“They’re doing things in the dark,” Summers told the judge. “We don’t know what rules are being followed. We don’t know how they allegedly select people at random… It’s outrageous.”

Election law experts have raised questions about does this violate federal law prohibiting anyone from paying others to vote. Musk described the money as both a prize and earnings for his work as a spokesman for the group.

Krasner said he could still consider criminal charges because he is charged with protecting both the lottery and election integrity. In the lawsuit, he said the defendants were “indisputably violating” Pennsylvania lottery laws.

Both Trump and Kamala Harris have visited the state multiple times to compete for Pennsylvania’s 19 electoral votes.

Musk, who also owns Tesla and X, has gone all-in with Trump this election, saying he believes civilization is at stake. He conducts much of his efforts to get votes for Trump through his super PAC, which can raise and spend unlimited amounts of money.

He gave more than $70 million to the super PAC to help Trump and other Republicans win in November.

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The Associated Press contributed to this report.