By MARYCLAIR DALE, Associated Press
PHILADELPHIA (AP) — An attorney for Elon Musk The country’s political action committee told a judge in Philadelphia on Monday that the so-called winners are his A $1 million-a-day election contest in swing states did not win by chance, but were instead selected as paid “spokespersons” for the group.
GOP attorney Chris Gober also said the final recipients will be in Arizona on Monday and Michigan on Tuesday, so continuing the giveaways will not impact the Pennsylvania election. He said recipients are chosen based on their personal stories and sign a contract with the political organization. America PAC.
“The $1 million recipients were not chosen by chance,” Gober said Monday. “We know exactly who will be announced as the recipient of $1 million today and tomorrow.”
The revelations prompted a lawyer for District Attorney Larry Krasner, who wants to stop the sweepstakes, to call them a “scam” that is “designed to actually influence national elections.”
Musk’s lawyers concluded by calling it a “core political speech” as participants sign a petition endorsing the U.S. Constitution. They said Krasner’s efforts were moot because there would be no more winners in Pennsylvania before the program ends Tuesday. A judge was expected to rule later in the day.
Krasner believes the giveaways violate and contradict state election law which Musk promised when he announced the giveaways during a performance with Republican presidential candidate Donald Trump‘s campaign in Harrisburg, Pennsylvania, on October 19: “We’re going to randomly award $1 million to people who sign the petition every day from now until the election,” Musk promised.
In testimony Monday afternoon, Krasner’s attorney questioned a PAC official about the use of the words “coincidence” and “random.” Musk used both words to describe the giveaways.
Chris Young, executive director and treasurer of the PAC, agreed that he was surprised Musk announced the prizes would be awarded “randomly.”
“It’s not the word I would have chosen,” he said.
Philadelphia District Attorney Larry Krasner, third from right, arrives for a hearing in the City Hall courtroom, Thursday, Oct. 31, 2024, in Philadelphia. (AP Photo/Matt Rourke)
He said he knew in advance who the recipients would be, and that the individuals at least knew they would be called on stage — but were not specifically told they would win the money.
In an Oct. 20 social media post shown in court, Musk said anyone who signed the petition had “a daily chance to win $1 million!”
Gober had argued Monday that the word “random” is not synonymous with “coincidence,” a statement Krasner called “absurd.”
Young also acknowledged that the PAC had the recipients sign non-disclosure agreements.
“They couldn’t really reveal the truth about how they got the money, could they?” asked Krasner attorney John Summers.
“Sounds good,” Young said.
Musk did not attend the hearing, which was held the day before the presidential election. He has committed more than $70 million to the super PAC to help Trump and other Republicans win in November.
Krasner took the witness stand Monday and called the lottery a scam while asking Common Pleas Court Judge Angelo Foglietta to close the contest.
“This was all political marketing disguised as a lottery,” Krasner testified. “That’s it. A ghoul.”
Lawyers for Musk and the PAC said they do not plan to extend the lottery beyond Tuesday. Krasner said the first three winners, starting on Oct. 19, came from Pennsylvania in the days leading up to the Oct. 21 voter registration deadline.
Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It is not clear whether anyone has received the money yet. The PAC promised they would get it by November 30, according to a piece of evidence shown in court.
More than 1 million people from the seven states have registered for the lottery by signing a petition saying they support the rights to free speech and to bear arms, the first two amendments to the U.S. Constitution. Krasner wondered how the PAC could use their data, which they will have on hand well after the election.
“They were defrauded because of their information,” Krasner said. “It can be used almost indefinitely.”
Krasner’s attorney, John Summers, said Musk is “the heartbeat of America PAC,” and the person who announces the winners and delivers the checks.
“He was the one who handed over the checks, albeit large cardboard checks. We don’t really know if there are any real controls in place,” Summers said.
Foglietta presided over the case at Philadelphia City Hall after Musk and the PAC lost an attempt to take the case to federal court.
Krasner has said he may still consider criminal charges because he is tasked with protecting both lotteries and the integrity of elections. In the lawsuit, he said the defendants “indisputably” violated Pennsylvania lottery laws.
Pennsylvania remains a key battleground with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have visited the state repeatedly, including planned stops on Monday in the last hours of the campaign.
Krasner — who noted he has driven a Tesla for a long time — said he could also seek civil damages for Pennsylvania registrants. Musk owns Tesla along with the social media platform SpaceX.
Originally published: November 4, 2024 at 10:34 AM CST