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Elon Musk says Philadelphia prosecutor Larry Krasner’s lawsuit belongs in federal court
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Elon Musk says Philadelphia prosecutor Larry Krasner’s lawsuit belongs in federal court

Elon Musk’s lawyers formally asked a federal judge to oversee the lawsuit filed against him by Philadelphia District Attorney Larry Krasner, the latest salvo in the legal fight which unfolds between Krasner and Musk before Election Day.

The brief, filed Friday morning, said that because Krasner is trying to stop Musk and his U.S. PAC give money For voters registered in Pennsylvania before the presidential election, it is clearly a question of federal law, not a matter that can be decided in state court, as Krasner has claimed.

In fact, attorney Matthew Haverstick wrote, Krasner has repeatedly accused Musk of using his PAC’s controversial million-dollar daily giveaway to interfere with Pennsylvanians’ right to have free and fair elections, which, According to Haverstick, it shows that the matter “belongs in federal court, where it can be decided soberly and deliberately.”

“The District Attorney wants this litigation to be a rushed play, and the subsequent spectacle and attention that accompanies it,” Haverstick wrote.

The documents filed Friday did little to advance arguments that attorneys for Haverstick and Krasner done on thursday during a brief hearing in Philadelphia Court of Common Pleas. The case was put on hold there until a federal judge decides whether to take the matter or send him back to the city.

And it was unclear Friday morning how quickly U.S. District Court Judge Gerald J. Pappert might rule, and what that might mean for the future of the lawsuit, with just days left before the extraordinarily close electoral contest comes to an end.

Krasner, a Democrat, sued Musk and his PAC earlier this weeksaying the PAC’s daily awards to registered voters in battleground states, including Pennsylvania, violated state lottery and consumer protection laws.

Musk, who has become the main surrogate for Republican candidate Donald Trump, has denied this and presents his race as a way to increase the number of Republican voter registrations in states that could decide the election.

Although election law experts and the Justice Department have warned that Musk’s gifts appear to violate federal laws prohibiting monetary inducements to vote, Krasner’s lawsuit took a slightly different approach. Their attorneys said the contest constituted a lottery, which under Pennsylvania law can only be conducted by the state and for the benefit of seniors who live there.

Krasner’s lawsuit also said America PAC was violating Pennsylvania consumer protection laws, including by failing to publish detailed rules or winning odds, and by refusing to say or show how participants’ personal information was being protected.

In court papers filed with Pappert on Thursday, Krasner’s attorneys said that’s why the judge should send the case back to state courts.

“The lawsuit addresses only Pennsylvania’s lottery and public nuisance laws, and Pennsylvania’s (consumer protection) law,” wrote John Summers, one of Krasner’s attorneys.

Summers also said Musk’s attempt to reclassify the case as federal was a delaying tactic, calling it a “stunt” and a way to “run the clock until Election Day” to continue doling out cash prizes.

“Delay in stopping illegal activity that harms Philadelphians and undermines their free, fair and final elections is justice denied,” Summers wrote.

Summers has called for Pappert to govern as quickly as possible, although the potential timeline is unclear.

Common Pleas Court Judge Angelo Foglietta told the parties Thursday that he would be available for a hearing on short notice should the case be returned to him.

“I’m here,” he said. “I’ll be here.”