DA Krasner is 'pulling an Alvin Bragg by concocting a flimsy legal theory that Musk somehow is violating Pennsylvania’s lottery law,' legal expert says
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Left-wing Philadelphia District Attorney Larry Krasner filed a lawsuit against tech billionaire Elon Musk over his $1 million giveaway amid the highly anticipated Pennsylvania election – a suit that is being slammed as riddled with legal issues by an expert.
"As a prosecutor for the city and county of Philadelphia, Krasner has no legal ability to prosecute anyone for alleged violations of federal law. So instead, he is pulling an Alvin Bragg by concocting a flimsy legal theory that Musk somehow is violating Pennsylvania’s lottery law," Cully Stimson, deputy director of the Heritage Foundation’s Edwin Meese III Center of Center for Legal and Judicial Studies, wrote in a Daily Signal commentary piece published Monday.
Stimson compared the suit to Manhattan District Attorney Alvin Bragg charging former President Trump with 34 counts of falsifying business records, which prosecutors linked during the spring 2024 trial to an election scheme to illegally influence the 2016 election. Trump was found guilty in the case, and has since maintained his innocence as legal experts rallied that the case was an "absolute joke" and "witch hunt" against the 45th president.
Krasner filed a lawsuit Monday against Musk and his super PAC, the America PAC, for "running an illegal lottery in Philadelphia" and across the state.
Musk announced earlier this month that voters in battleground states, such as Pennsylvania or Michigan, were eligible for a $1 million a day giveaway after signing the America PAC’s petition backing the Constitution. Musk endorsed Trump in July, and recently joined him on the campaign trail to rally support for his re-election bid, most notably in the key battleground state of Pennsylvania.
Philadelphia District Attorney Larry Krasner, shown in January 2024, filed a lawsuit Monday against Elon Musk, claiming Musk's super PAC is "running an illegal lottery in Philadelphia" and across the state. (AP Photo/Matt Rourke)
The initiative outlines that it only applies to registered voters in the battleground states of Pennsylvania, Georgia, Nevada, Arizona, Wisconsin and North Carolina, and if they sign the petition.
"The First and Second Amendments guarantee freedom of speech and the right to bear arms. By signing below, I am pledging my support for the First and Second Amendments," the petition reads.
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Musk has already announced winners for the giveaway, including one in Lancaster, Pennsylvania, on Saturday.
"Oct 22 - Nov 5: Each day, one petition signer from either PA, GA, NV, AZ, MI, WI, or NC will earn $1,000,000," the America PAC website reads.
Elon Musk speaks before former President Trump at a campaign rally at Madison Square Garden, Sunday, Oct. 27, 2024, in New York. (AP Photo/Evan Vucci)
Stimson wrote that Krasner is "one of George Soros’ bought-and-paid-for district attorneys" who "doesn’t care about the law" and launched the suit to quench his alleged thirst "for media attention."
"Musk isn’t paying individuals to register to vote; he is paying already-registered voters to sign a petition, which is entirely lawful," Stimson explained.
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"In his civil complaint against Musk, Krasner asserts that by ‘lulling’ registered voters into giving their personal identifying information such as their postal address, cellphone number, and email address, voters have paid Musk consideration – as when a person gives a dollar to purchase a Mega Millions lottery ticket," he continued.
In his suit, Krasner cited the 1976 case "Commonwealth v. Lane," which detailed that under Pennsylvania law, a lottery is deemed unlawful under three elements: "(1) a prize to be won; (2) a winner to be determined by chance; and (3) the payment of a consideration by the player."
Stimson said the first two elements are satisfied when considering the Musk giveaway, but "the third element is nowhere to be found."
"Consideration is the payment of money, which is completely lacking in the Musk proposal. Registered voters didn’t pay money to sign the petition. Their personally identifiable information isn’t, under either the Lane case or state law, ‘consideration,’" Stimson explained.
Elon Musk speaks during a campaign town hall in support of former President Trump in Folsom, Pennsylvania, Oct. 17, 2024. (AP Photo/Matt Rourke)
Stimson, whose background includes extensive investigations into "rogue" prosecutors who have politically benefited from donations made by left-wing billionaire George Soros, added in his commentary piece that it’s a "bit rich of Krasner to sue Musk, since the Philadelphia DA is a two-time violator of state campaign finance laws."
Elon Musk and Philadelphia DA Larry Krasner (Craig T Fruchtman/Matthew Hatcher/AFP)
Stimson cited previous research that found Krasner received $1.7 million from Soros-funded groups during his 2017 election, and an additional $1.25 million from the same groups during his 2021 re-election campaign.
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"In both races, he broke campaign finance laws and got into hot water with Philadelphia’s Board of Ethics."
The Philadelphia Inquirer reported in 2019 that Krasner settled with the ethics board over accepting more than $11,000 in excess in-kind contributions from the Soros-backed Real Justice PAC. Krasner paid a $4,000 fine and agreed to reimburse the city for the excess in-kind contribution from the PAC, while the Real Justice PAC agreed to pay $8,000 in penalties.
Musk endorsed Trump in July, and recently joined him on the campaign trail to rally support for his re-election bid. (Michael Ciaglo/Getty Images)
Following his 2021 re-election, Krasner’s campaign and the Real Justice PAC again admitted to breaking campaign finance law. Krasner agreed to pay $10,000 in penalties, while the Real Justice PAC agreed to pay $30,000 in penalties, the Philadelphia Inquirer reported that year.
"Krasner has been a disaster as Philadelphia’s district attorney," Stimson wrote. "... Crime has exploded in Philly as a result of Krasner’s pro-criminal, anti-victim, cop-hating policies."
"In the five years before he was elected, an average of 271 homicides occurred per year. Since he was elected in 2017, an average of 368 homicides per year have occurred – an ‘extra’ 97 dead bodies per year."
Fox News Digital reached out to Krasner’s office for a response to Stimson’s arguments, but did not receive a reply.
District Attorney Larry Krasner speaks during a news conference in Philadelphia, on Jan. 31, 2022. (AP Photo/Matt Rourke, File)
Following Musk’s announcement of the giveaway this month, Democratic Gov. Josh Shapiro set the stage that it would likely come under legal scrutiny.
"I think there are real questions with how he is spending money in this race, how the dark money is flowing, not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians. That is deeply concerning," Shapiro said on NBC’s "Meet the Press."
He continued, "Look, Musk, obviously has a right to be able to express his views, and he’s made it very, very clear that he supports Donald Trump, and we have a difference of opinion. I don’t deny him that right, but when you start flowing this kind of money into politics, I think it raises serious questions that folks may want to take a look at."
Vice President Kamala Harris and Pennsylvania Gov. Josh Shapiro speak to the press while making a stop at the Reading Terminal Market in Philadelphia on July 13, 2024. (Ryan Collerd/AFP via Getty Images)
"You think it might not be legal, yes or no?" host Kristen Welker asked.
Shapiro responded, "I think it’s something that law enforcement can take a look at."
Musk announced the eighth winner of the giveaway on Saturday in Lancaster, home to Pennsylvania’s rolling hills dotted with Amish farms, where he again touted the petition backing the Constitution.
"We're trying to get attention for this very important petition to support the Constitution. And, it's like, if we, you know – we need the right to free speech; we need the right to bear arms," Musk said at the rally in Lancaster.
"So we're going to be giving out a million dollars every day through Nov. 5," he continued. "And also, all you have to do is sign the petition in support of the First and Second Amendments. That's it. You don't even have to vote. It'd be nice if you voted, but you don't have to. And then just basically sign something you already believe in, and you get a test to win a million dollars every day from now through the election."
