Elon Musk and PAC know voter lottery illegal, DA says

A judge on Monday rejected a request by the Philadelphia district attorney to withhold $1 million in daily donations. tesla CEO Elon Musk’s political action committee reached out to voters in Pennsylvania and other battleground states ahead of Election Day.

Philadelphia County Court of Common Pleas Judge Angelo Forietta’s order came after an hour-long hearing in which District Attorney Larry Krasner testified that the America PAC giveaway was a “fraud,” “fraud,” and an “illegal lottery.” It was given down.

“They know what they’re doing is illegal and they’re doing everything under the sun to wipe it out,” Krasner said of Musk and the billionaires. Ta. America PACis supporting Donald Trump against Kamala Harris in the presidential election.

America’s PAC has so far awarded $17 million to people in battleground states who signed petitions supporting the Constitution, with the final $1 million announced on Election Day Tuesday.

Mr. Forietta said in his order that he would later explain his reasons for denying Mr. Krasner’s request for an injunction in a written decision.

His order does not end the district attorney’s civil lawsuit alleging that Musk and the PAC violated Pennsylvania’s Lottery Act and Consumer Protection Act with the giveaways.

Krasner said Monday that his case was actually strengthened by the PAC’s admission that the winners were not chosen at random, as Musk had claimed.

America PAC treasurer Chris Young testified that he was surprised to hear Musk use the word “randomly” at a public event announcing the giveaway in October.

“I wouldn’t have chosen those words,” Young said.

He said the winners were questioned before the awards were announced to “get a feel for their personality and see if they are aligned with their values” with the PAC they paid to act as their spokesperson. I testified.

“The recipients of the $1 million were not chosen by chance,” Chris Gober, the PAC’s former treasurer, said Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”

At Monday’s hearing, Krasner suggested that Musk and America PAC may have violated criminal law with the giveaway.

“There is no First Amendment right to commit a crime,” Krasner testified. “There is no First Amendment right to commit fraud.”

Under questioning from John Summers, an attorney representing Krasner’s office, the district attorney said the fact that Krasner is a Democrat had nothing to do with his decision last week to sue Musk and America PAC. He said there was no relationship.

Krasner also stated under questioning that he drives a Tesla and has owned a Tesla since 2016.

“I like Tesla,” the district attorney testified.

Asked if he would sue if pop star Taylor Swift, who supports Harris, offered $1 million like Musk, Krasner said he would. .

He said he has sued Democrats in the past.

Gover, who until last week served as treasurer of America PAC, told reporters before the hearing that some members of the district attorney in Philadelphia were trying to silence Elon Musk, who supported Donald Trump. That is why we are in court today.”

“Let’s be clear about one thing: District attorneys and prosecutors, I don’t care how much power they have, but you can’t take away the First Amendment freedoms that are the foundation of this country. ” Gober said.

Gover later said the PAC’s giveaways did not meet the elements of an illegal lottery because “there are no prizes to be won. Instead, we have a contractual obligation to serve as a spokesperson for the PAC.” I testified.

Gober also said that despite Musk’s use of the word “randomly” to describe how recipients are selected, the word “is used interchangeably with the word ‘by chance.'” He testified.

“We ask people to sign the petition and encourage others to sign the petition,” Gover testified. “Then we bring together individuals from across the country and decide which of them will serve as effective spokespeople and enter into contractual obligations with them.”

“We know exactly who will be announced as the recipient of the $1 million today and tomorrow,” he testified.

Mr. Summers, the district attorney’s attorney, used Mr. Gover’s testimony to argue that he had “fully accepted responsibility” in the case.

Krasner also testified that “evidence examined in the ongoing criminal investigation indicates that the recipients were to be selected at random.”

“I’ve been in the courtroom for 37 years, and this is one of the most disingenuous statements I’ve ever heard,” Krasner said of Gober, who said “coincidence” was interchangeable with “coincidence.” He spoke about his testimony.

“Let’s just say we feel better this morning,” Krasner said.

— Gary Grumbach reported from Philadelphia and Dan Mangan from New York.