In Elon Musk’s lawsuit, the district attorney calls the $1 million giveaway a “fraud.”

Elon Musk Pro-Trump Super PAC chooses the winners of his $1 million daily draw based on who would be a good spokesperson for her agenda, not random registered voters, tech billionaire lawyer said in court on Monday.

Chris Gober, a lawyer for Musk’s American Political Action Committee, made the argument while trying to convince a Pennsylvania judge that the prize draw is not an “illegal lottery,” as Philadelphia claims. District Attorney Larry Krasner claims in a lawsuit seeking to block payments before Tuesday presidential elections.

In response, Krasner argued that the daily $1 million giveaway in the seven swing states expected to decide the election was indeed an illegal lottery. He also told Judge Angelo Foglietta that some Pennsylvanians were “fraudulent to obtain information” and called the giveaway a “scam” aimed at political marketing.

First, Musk, the richest man in the world, described the pranks like a lottery systembut he changed public messaging after legal experts – and reportedly Ministry of Justice – raised questions about its legality.

“There is no prize to be won; instead, recipients must fulfill contractual obligations to serve as a PAC representative,” Gober said at the hearing.

The key hearing will take place just the day before former President Donald TrumpMusk’s favorite candidate, facing Democrats Vice President Kamala Harris V closely contested race.

In recent months, Musk and his political action committee have supported Trump with money, campaign operations and the influence of X, the social media platform formerly known as Twitter, which Musk bought for $44 billion in 2022.

Musk and the PAC have been handing out $1 million checks since October 18th. Krasner, Democrat sued Musk and his PAC 10 days later, calling the drawings an illegal lottery that violates state consumer protection laws.

In court Monday, Krasner’s office attorney John Summers said Gobert’s comments were a “full admission of responsibility.”

“We just heard this guy say my boss, my client called this random,” Summers said. “We promised people that they would participate in a random process, but this is a process where we pre-select people.”

Musk has been heavily promoting the giveaway and said his offer is limited to registered voters in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. America PAC has given out $1 million in prizes to 16 people so far and said the final prize will be awarded on November 5th.

Musk and his American PAC tried to move the case is in federal court, but federal judge on Friday ordered him sent back to state court.

Contribution: Reuters