Elon Musk says Philly District Attorney Larry Krasner’s lawsuit belongs in federal court

Lawyers for Elon Musk have formally asked a federal judge for oversight the lawsuit filed against him by Philadelphia District Attorney Larry Krasner, the latest salvo in the legal battle unfolding between Krasner and Musk ahead of Election Day.

The letter, filed Friday morning, said this because Krasner wants to exclude Musk and his American PAC give away money for registered voters in Pennsylvania before the presidential election, it is clearly a matter of federal law — and not one that can be decided in a state court, as Krasner has argued.

Attorney Matthew Haverstick writes that Krasner has repeatedly accused Musk of using his PAC’s controversial $1 million daily sweepstakes to interfere with Pennsylvanians’ right to free and fair elections, which Haverstick said shows the case “belongs to the federal court, where it can be decided soberly and thoughtfully.”

“The District Attorney wants this trial to be a hasty play, and the spectacle and attention that comes with it,” Haverstick wrote.

The documents filed Friday did little to advance the arguments of Haverstick and Krasner’s attorneys made on Thursday during a brief hearing in Philadelphia Common Pleas Court. The case was put on hold there until a federal judge decides whether to accept the case or send it back to the city.

And it remained unclear Friday morning how quickly U.S. District Court Judge Gerald J. Pappert might rule — and what that could mean for the future of the case, with just days to go before the extraordinarily close election battle comes to a close.

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

Musk, who has become a top surrogate for Republican candidate Donald Trump, has denied that and cast his election as a way to boost Republican voter registration in states that could decide the election.

Although election law experts and the Justice Department have warned that Musk’s giveaways appear to violate federal laws banning monetary incentives to vote, Krasner’s lawsuit took a slightly different approach. His lawyers said the contest was a lottery, which under Pennsylvania law can only be conducted by the state and for the benefit of seniors living there.

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

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

“The complaint addresses only the Pennsylvania Public Nuisance Lottery Act and the Pennsylvania Consumer Protection Act,” wrote John Summers, one of Krasner’s attorneys.

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

“Any delay in stopping illegal activities that harm the people of Philadelphia and undermine their free, fair, and final elections is denied justice,” Summers wrote.

Summers has asked Pappert to rule as soon as possible, although the possible timeline remained unclear.

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

“I’m here,” he said. “I’ll be here.”