Elon Musk has admitted that his $1 million daily giveaway isn’t really a lottery at all.
In Pennsylvania court on Monday, the lawyers for Musk and his America super PAC told Common Pleas Court Judge Angelo Foglietta that the prizes were not part of a giveaway or lottery, as “there is no prize to be won” and winners “are not chosen at random.”
Instead, attorney Chris Gober argued that the cash, which since early October was given each day to a registered voter in a battleground state who signed a pledge to uphold the First and Second Amendments to the Constitution, is a salary the recipients supposedly “earn” to be a spokesperson for the PAC. The recipients, registered to vote in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, or Wisconsin, aren’t chosen randomly but are picked based on their personal story and “suitability to serve,” according to Gober.
“The $1 million recipients are not chosen by chance,” Gober said. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”
In response, lawyers for the Philadelphia district attorney’s office, who are suing Musk and the PAC for operating an illegal lottery in the Keystone State, argued that this was a “complete admission of liability,” especially since Musk said when he first announced the giveaway that the recipients would be chosen “randomly.” To make their point explicit, the lawyers for the district attorney’s office showed Musk’s statement to the judge. In response, Gober tried to make the argument that “randomly” and “by chance” are two different things, in his case that Musk’s giveaway is not an illegal lottery.
Philadelphia District Attorney Larry Krasner took the witness stand himself, calling the giveaway a scam and asked for it to be shut down.
“This was all a political marketing masquerading as a lottery,” Krasner said. “That’s what it is. A grift.”
Musk’s lawyers said that they plan to stop the giveaway after the election Tuesday, and the PAC has pledged to give the recipients their money by November 30, according to evidence they presented in court. More than one million people have registered for the chance to win the cash prize, and Krasner in court questioned what Musk and the PAC will do with their personal data.
“They were scammed for their information,” Krasner said. “It has almost unlimited use.”
Two weeks ago, the Justice Department sent the PAC a warning letter stating that the lottery may violate federal laws against paying people to register to vote. For one day, the giveaway seemed to stop, only to resume the next day with two prizes awarded. Musk tried to have the Philadelphia lawsuit moved to federal court, but a federal judge rejected the request on Friday. Now, if the world’s richest man faces any consequences for giving away money for political purposes, it will come from a civil lawsuit in a Pennsylvania state court.
Donald Trump’s allies are “completely exasperated” after the candidate’s wildly disturbing speech over the weekend in a key battleground state.
During Trump’s Sunday address in Lititz, Pennsylvania, the former president said that he “shouldn’t have left” the White House after being voted out of office in 2020, and said that he “wouldn’t mind” if members of the press took a bullet meant for him. Both represent significant escalations in Trump’s explicit election denialism and violent threats.
CNN’s Kristen Holmes reported later that day that Trump’s allies are fed up with their candidate’s use of extreme rhetoric in a crucial state.
“I spoke to a number of allies who were completely exasperated after that Pennsylvania rally,” Holmes said. “We cannot talk about how critical Pennsylvania is as a state. There are many people inside of Trump’s inner circle who believe that Pennsylvania will decide the election.”
“One of these allies telling me, ‘How hard is it to just go up there and say, Kamala broke it and I’m going to fix it?’” Holmes said. “Another one telling me that they have spent an enormous amount of time talking to campaign advisers, trying to get Donald Trump to focus on the economy, to focus on inflation. They believe these are the matters that voters actually care about.”
“These allies are incredibly frustrated about the language that he is using on the campaign trail. The darkness of the rhetoric, at least how they see it, they believe that he can win this election, but he’s going to have to actually change how he is talking,” she continued.
Trump’s latest remarks come after other disturbing escalations, including threatening to turn the U.S. military on its own citizens. Last week, he doubled down on attacks against Liz Cheney, a Kamala Harris ally, after he suggested the former representative ought to be put in front of a firing squad.
A panel led by CNN’s Erin Burnett unpacked the concerns of Trump’s top allies, highlighting just how weird and gruesome the former president’s rhetoric has become. Jonah Goldberg, a political commentator, said that the problem with Trump was that he always managed to “unload with craziness, and that’s what gets covered.”
Lulu Garcia-Navarro, an opinion podcast host for The New York Times, said that Trump’s remarks about the press were “not normal” and “not right.”
“Everything that [Trump] has done has sabotaged his campaign. I don’t know a single person, even people who like Donald Trump, even people who support Donald Trump, who think this is a winning message,” said Garcia-Navarro.
Shermichael Singleton, a conservative political commentator, said that he’d spoken to multiple Trump supporters who agreed.
“I called a bunch of folks that I know, who are Trump supporters, some just regular people, some who are doing grassroots stuff in critical states,” Singleton said. “And every last one of them said, ‘What in the hell is the president doing?’”
“These are people who love Donald Trump and respect Donald Trump,” Singleton explained. “I’m hearing them say, ‘It’s almost as if he doesn’t want to win.’”
Trump’s allies’ panic comes after early voting numbers suggested that the former president could be in trouble in Pennsylvania, a state that is critical to ensuring his victory. Last week, more than 100,000 new voters, a majority of whom were women, had already cast their ballots in Pennsylvania ahead of Election Day.
Meanwhile, the Republican Party in Scranton, Pennsylvania, appeared to be a lot more focused Saturday on signing up poll watchers than signing up voters, according to The Washington Post.
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