Elon Musk failed to show up to a required hearing in a Philadelphia case challenging his $1m-a-day sweepstakes. His absence would have risked contempt of court had the case continued in Pennsylvania court, but it was moved to federal court in response to a motion filed by Musk’s attorneys, who did attend the hearing. No hearings were immediately scheduled in the federal case.
Judge Angelo Foglietta agreed that Musk, as a named defendant in the lawsuit filed by the district attorney, Larry Krasner, should have attended the hearing in person, but he declined to immediately sanction the tech mogul. Musk’s attorney said his client could not “materialize” in the courtroom with notice only given the night before.
Krasner’s team challenged the notion that the founder of SpaceX could not make it to Philadelphia, prompting a quick retort from the judge.
“Counsel, he’s not going to get in a rocket ship and land on the building,” Foglietta replied.
On Wednesday, the judge had ordered all parties to attend the Thursday morning hearing, including Musk. Musk’s attorneys had filed a motion to shift the suit from Pennsylvania state court to federal court in a filing late that day, which was granted shortly after Musk did not appear.
Lawyers for the Philadelphia district attorney’s office requested the case be returned to state court, calling the move to the higher court a “cowardly” delay tactic meant to “run the clock until election day”. The federal judge assigned to the case ordered Musk’s attorneys to respond by Friday morning. Musk’s counsel had argued that state court was not the proper venue and that the Philadelphia district attorney was engaging in thinly veiled electioneering.
“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 Tesla CEO’s attorneys wrote.
In the original suit, Krasner argued that Musk’s petition and associated contest were “indisputably violating” specific Pennsylvania laws against illegal lotteries. Musk’s attorneys said he was engaging in legally protected political speech and spending.
John Summers, an attorney for the DA’s office, told the judge on Thursday that Musk’s Pac had “brazenly” continued the sweepstakes despite the lawsuit, awarding about 13 checks of $1m since the contest began, including on the day of the hearing.
“They’re doing things in the dark. We don’t know the rules being followed. We don’t know how they’re supposedly picking people at random,” Summers said. “It’s an outrage.”
The cash giveaways come from Musk’s political organization, which aims to boost Donald Trump’s presidential campaign in the vital swing state, which is seen as a key to victory by both Trump and his opponent, Kamala Harris.
Krasner, a Democrat, filed suit on Monday to stop the America Pac sweepstakes, which is set to run through election day and is open to registered voters in swing states who sign a petition supporting the constitution. Musk has been tweeting photographs of the winners holding novelty checks.
Krasner has said he could still consider criminal charges, saying he is tasked with protecting the public from both illegal lotteries and “interference with the integrity of elections”.
Election law experts have raised questions about whether Musk’s drawing violates a federal law barring someone from paying others to vote. Musk has cast the money as both a prize as well as earnings for work as a spokesperson for the group.
