Tesla CEO and X owner Elon Musk is trying to get out of his Philadelphia state court hearing Thursday by attempting to move the lawsuit regarding his $1 million voter giveaways to federal court.
Mr. Musk’s lawyers filed a “motion of removal” late Wednesday in federal court. This means the state case will be on hold pending the federal court taking up the case or sending it back to the state.
“The Complaint, in truth, has little to do with state-law claims of nuisance and consumer protection,” lawyers for Mr. Musk wrote in federal filings, CNN reported. “Rather, although disguised as state law claims, the Complaint’s focus is to prevent Defendants’ purported ‘interference’ with the forthcoming Federal Presidential Election by any means.”
They argued the lawsuit issues “raise significant questions of federal law that are within the exclusive province” of the federal court.
Philadelphia District Attorney Larry Krasner, who brought the case against Mr. Musk, could argue that the case should be brought back to the state level.
Mr. Krasner filed the lawsuit against Mr. Musk’s pro-Trump super political action committee, America PAC, on Monday.
“The Philadelphia district attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries. The DA is also charged with protecting the public from interference with the integrity of elections,” Mr. Krasner said in a statement Monday.
Mr. Musk had pledged to give away $1 million daily to registered voters in battleground states. He said the money would be available until Election Day, Tuesday.
The Justice Department has already sent the super PAC a warning that the sweepstakes could violate federal laws.
Still, the PAC has continued to name winners, with voters eligible to win in states such as Pennsylvania, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina.
Mr. Musk has become a key ally after endorsing former President Donald Trump in July. He has donated more than $100 million to the super PAC that was started in May.
The Washington Times has reached out to Mr. Krasner’s office for comment.
• Mallory Wilson can be reached at mwilson@washingtontimes.com.
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