Elon Musk Didn’t Show Up in Court Today

Tech billionaire turned political activist Elon Musk didn’t appear in a Philadelphia courtroom on Thursday morning, despite a court order to attend. Musk was set to answer a lawsuit filed by Philadelphia District Attorney Larry Krasner alleging that Musk’s $1 million giveaway to voters in swing states breaks the law. Musk wasn’t there, but his lawyers were and they successfully got the case moved to a federal court.

In a court filing on Wednesday night, Musk’s lawyers argued that legal questions about the $1 million giveaway scheme are bigger than one court in Philly can answer. “While the Complaint purports to raise only state-law claims relating to public nuisance and consumer protection, DA Krasner’s claims, as evident on the face of the Complaint, turn principally on the allegation that Defendants are somehow unlawfully interfering with a federal election,” the filing said.

Krasner filed the initial suit on Monday in an effort to stop Musk from giving away $1 million a day to swing state voters. According to Musk, anyone in a swing state who is registered to vote and signs a petition endorsing free speech and the Second Amendment is eligible to win the cash. Krasner promised to fight to get the lawsuit moved back to a Philadelphia court.

According to Krasner, Musk’s giveaway is a lottery. “America PAC and Musk are lulling Philadelphia citizens—and others in the Commonwealth (and other swing states in the upcoming election)—to give up their personal identifying information and make a political pledge in exchange for the chance to win $1 million,” he said in his lawsuit. “That is a lottery.”

The initial court date for the suit was set for Friday, but Krasner got it moved up to Thursday morning after receiving a wave of death threats following the news he’d filed the first suit. A filing on Wednesday night from Krasnwer’s lawyers detailed the nature of the threats, which included a post on X that published the DA’s home address. “Krasner loves visitors. Mask up and leave all cellphones at home,” the post said. The post has since been removed but the account was not banned.

Musk has been all over the campaign trail stumping for Trump since the summer. He’s given more than $118.5 to America PAC, which is actively campaigning for Trump. It’s unclear how, exactly, America PAC is spending that money and how effective the campaigning is.

A WIRED investigation into America PAC published on Wednesday talked to door-knockers working for the organization in Michigan. They described a patchwork mess of a get-out-the-vote campaign. People who applied for the job said they didn’t discover they’d be working to elect Trump until after they’d signed an NDA. They said they were required to cover the costs of their own hotel rooms, airfare, and ground transportation if they failed to meet goals.

Musk is betting big on Trump. The move by Musk’s lawyers to get the Krasner lawsuit tossed to federal court is a delaying tactic. Musk is a government contractor that the Pentagon relies on to get a lot done. He has a security clearance despite recent reports that he has a chatty relationship with Russian President Vladimir Putin. The DoJ warned Musk about giving away $1 million to swing state voters but he pushed ahead anyway.

Musk is making a bet that Trump is going to win. If his lawyers can keep kicking the can down the road and Trump gets elected then it’s possible none of this will matter. A Trump-controlled Justice Department might look the other way regarding a lot of things Musk is doing.

What happens if Kamala wins? “I’m fucked,” he told Tucker Carlson in an interview earlier this month.