Foglietta decided not to immediately move forward with Philadelphia District Attorney Larry Krasner’s lawsuit against Musk and his PAC’s $1 million sweepstakes.
‘Mr. Musk was named as a defendant as a publicity stunt. … We all know that he is a very busy man who cannot just materialize anywhere he wants to with 12 hours’ notice.’
Instead, the judge placed the case on hold while a federal court considers whether it will move forward with the lawsuit or send it back to the state.
Musk’s legal team filed a “motion of removal” on Wednesday to move the case to federal court, arguing that the issues mentioned in Krasner’s lawsuit “raise significant questions of federal law that are within the exclusive province” of the federal court.
“The Complaint, in truth, has little to do with state-law claims of nuisance and consumer protection,” Musk’s attorneys wrote. “Rather, although disguised as state law claims, the Complaint’s focus is to prevent Defendants’ purported ‘interference’ with the forthcoming Federal Presidential Election by any means.”
The decision allows Musk to continue the giveaway, which provides $1 million per day to random registered swing state voters who signed the America PAC’s petition supporting the First and Second Amendments. The daily giveaway will continue through Election Day.
To be eligible, voters must be from a battleground state: Pennsylvania, Arizona, Georgia, Michigan, Nevada, North Carolina, or Wisconsin.
Krasner accused Musk of “brazenly” continuing the daily lottery, claiming it is an “illegal lottery scheme to influence voters.”
Musk was ordered to attend the hearing on Wednesday but did not. As a result, Krasner is now pushing for sanctions against Musk for his failure to attend.
Outside the courtroom, prosecutor John Summers stated that he is seeking to have the case returned to state court, claiming it “involves state law issues.”
He called Musk’s failure to attend the recent hearing “both cowardly as well as irresponsible.”
Krasner’s lawsuit also accused Musk and his PAC of failing to include clear rules for the sweepstakes and details on how they plan to use applicants’ information. He also claimed that the winners are not chosen at random.
Defense lawyer Matthew Haverstick accused the prosecution of naming Musk in the lawsuit to create a “circus atmosphere,” stating that the PAC should have been the only defendant in the case.
“Mr. Musk was named as a defendant as a publicity stunt,” Haverstick said. “We all know that he is a very busy man who cannot just materialize anywhere he wants to with 12 hours’ notice.”
The Department of Justice previously warned the PAC that the lottery may violate federal laws but has taken no action against it.
In response to the judge’s decision to halt the case, Musk wrote on X, “American Justice FTW [for the win].”
