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Federal judge orders Musk sent back to PA court for 'illegal lottery'
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Federal judge orders Musk sent back to PA court for 'illegal lottery'

A federal judge on Friday rejected Elon Musk's request to move a Pennsylvania lawsuit over his $1 million in daily donations to federal court, remanding the case – which centers on the question of whether the donations constitutes “illegal bribery” under Pennsylvania law – returned to the state for a week-long hearing.

The decision is a victory for Philadelphia District Attorney Larry Krasner, who filed a lawsuit earlier this week to stop Musk and his Trump-supporting political action committee from sending his $1 million in donations to voters in the States continue.

Judge Angelo Foglietta ordered Friday that the hearing be held at 10 a.m. Monday, in keeping with Krasner's request that the matter be heard “immediately.”

It is unclear whether Musk, whose attorneys filed a motion Friday evening to remove an attendance requirement in the lawsuit, will appear in court.

The DA's office has called the giveaways an “illegal lottery” designed to influence the results of a presidential election and in violation of Pennsylvania law.

Musk and his PAC were also accused of violations Consumer protection lawsciting the “deceptive” and “misleading” statements Musk had made about the nature of the competition.

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Elon Musk jumps in the air at the Trump rally

Elon Musk jumps on stage as former President Trump speaks at a campaign rally in Butler, Pennsylvania, on October 5. (AP Photo/Evan Vucci)

Musk's lawyers had requested that the case be heard in federal court, delaying the hearing originally scheduled for Thursday.

Lawyers for the Tesla founder and Trump supporter also used this as an excuse for his failure to appear at an originally scheduled court date in Philadelphia.

They accused Krasner's office of creating a “circus atmosphere.” calls him in a suit.

In a filing Thursday evening, Krasner asked the U.S. District Court in Philadelphia “immediately” reject the complaint back to the state, noting that the lawsuit filed against Musk is based solely on federal legal claims and has no basis for removal.

The push to send the case to federal court “is a ploy to gain a procedural advantage,” he said, and “pass time” until the election.

Until the hearing takes place, Musk and the PAC can probably continue their daily giveaways.

Stock Image Hammer

Lawyers for Elon Musk and the Philadelphia district attorney's office are arguing over venue and other issues related to a lawsuit challenging the Tesla founder's $1 million gifts. (iStock)

“Outrageously, they have done this every day since the complaint was filed – including this morning, the day of the scheduled hearing,” Krasner said Thursday in filing the emergency motion.

The litigation comes at a time when Musk's America PAC has awarded $1 million in prize money to 14 people so far – which it says it plans to do through Election Day.

Musk had billed the $1 million daily winnings as an attempt to increase voter registration in seven major swing states, claiming daily winners would be selected “at random.”

However, prosecutors disputed this, noting: “Although Musk says the selection of a winner was 'random,' this appears false because several winners selected were people who showed up at Trump rallies in Pennsylvania.”

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Close-up of Elon Musk wearing blue and navy MAGA hat

Tesla and SpaceX CEO Elon Musk listens as former President Trump speaks at a campaign rally at the Butler Farm Show in Butler, Pennsylvania, on October 5. (AP Photo/Alex Brandon)

The lawsuit states that all lotteries in Pennsylvania must be “operated and administered by the state.” Musk's daily giveaways violate that law, the lawsuit says.

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The founder and CEO of Tesla has come under increasing criticism for his daily giveaways.

Last week, the Justice Department sent a letter to Musk warning that the giveaway program could violate federal election laws that criminalize paying voters for registering or participating in elections.

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