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Hearing set for Monday after judge objects to Elon Musk’s gifts to state court
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Hearing set for Monday after judge objects to Elon Musk’s gifts to state court

A judge rejected Elon Musk’s bid on Friday trying to move He filed a lawsuit in federal court challenging his $1 million daily giveaway to registered voters in swing states, allowing the trial to continue before Election Day.

Musk’s lawyers accused Philadelphia District Attorney Larry Krasner (D) of trying to hastily stop the gifts with a court order. Musk tried to move the courts, halting a state court hearing on Thursday that required his attendance.

“The District Attorney wants this case to be a rushed stage play, with the spectacle and attention that accompanies it. But this case belongs in federal court, where it can be soberly and informedly decided,” Musk’s lawyers wrote in court filings.

U.S. District Judge Gerald Pappert The decision decided to postpone the case I went back to state court, siding with the district attorney. The hearing was quickly adjourned until Monday morning.

Musk’s lawyers recently asked a state judge to lift his participation requirement, but it’s not yet clear whether the judge will grant that request.

America PAC launched the sweepstakes in late October. The giveaways are limited to registered voters in seven swing states, including Pennsylvania, who signed the PAC’s petition supporting free speech and the right to bear arms.

Philadelphia’s district attorney filed a lawsuit against the billionaire and his pro-Trump super PAC on Monday, urging the court to halt the sweepstakes immediately. Krasner claimed America PAC’s $1 million daily giveaways were an “illegal lottery” under Pennsylvania state law.

Musk requested that the case be moved to federal court on Wednesday night, arguing that it “has little to do with the state law nuisance and consumer protection claims” that Krasner raised in his initial complaint.

“Properly viewed, the Notice of Deportation is a ploy to gain a procedural advantage to avoid the issuance of a Preliminary Injunction and run the clock until election day,” Krasner’s office said.

Musk’s lawyers insisted that the case could be moved to federal court because the dispute is “inextricably intertwined” with federal law issues related to the upcoming presidential election. Alternatively, Musk’s lawyers said the case is being considered under diversity jurisdiction, citing federal courts’ ability to hear cases if the defendants and plaintiffs are from different states and the amount in dispute is over $75,000.

The judge rejected both claims. It found that no questions of federal law needed to be decided to resolve the district attorney’s case.

“Federal question jurisdiction does not take into account the plaintiff’s motivations for filing suit; Pappert noted that legal issues arising from the allegations depend on whether they arise from federal or state law.

Pappert was appointed to the bench by former President Obama and previously served as Pennsylvania’s Republican attorney general.

The Department of Justice (DOJ) reportedly warned the super PAC that its gifts could violate federal law that prohibits paying people to register to vote. But the company continued to distribute checks for $1 million, insisting that the person serve as the PAC spokesperson for that amount. So far, 14 swing state residents have received checks.

Musk, who endorsed Trump in July, has taken a particularly active role in the former president’s campaign. His super PAC has been central to the campaign’s ground game in swing states, and Musk has held a series of events in Pennsylvania in the final weeks of the race.

But the PAC recently announced that the final four checks will be given to registered voters in Wisconsin, Arizona and Michigan; This is a new factor that could complicate transactions in Pennsylvania.

Updated at 5:34 PM EDT

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