Hey everybody. Welcome back to the Elon Musk podcast This. Is a show where we discuss the critical crossroads that shape SpaceX. Tesla X, The Boring Company and Neurolink. I'm your host, Will Walden. Elon Musk's $1 million a day giveaway to voters in swing states will continue through Election Day following a Pennsylvania judge's ruling on Monday. This decision raises several key questions. First, is the promotion legal? Second, why are critics calling it an attempt to sway the
election? Finally, what exactly qualifies someone to receive the money now? The ruling comes amid intense criticism from Philadelphia District Attorney Larry Krasner, who called the giveaway a scam aimed at influencing the election.
Judge Angelo Foglietta of Pennsylvania's Common Pleas Court declined Krasner's request to halt Musk's giveaway, though Foglietta didn't provide an immediate written explanation for this ruling, His decision permits Musk's America PAC to continue awarding $1,000,000 each day to selected voters who endorsed the PAC's pro Trump petition. The contest, however, is set to end on Election Day, so no additional payments are scheduled for Pennsylvania now.
The promotional campaign is run by America PAC, a pro Trump group founded by Elon Musk, and since its launch on October 19th, the giveaway has awarded $1,000,000 daily to voters in battleground states including Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. And Musk, a public supporter of former President Donald Trump, has funded America PAC with nearly $120 million, according
to federal disclosures. His support comes during a critical moment in the election where Pennsylvania's 19 electoral votes are likely to play a decisive role. Now America PAC officials claim the recipients of the $1 million awards are pre selected based on their suitability to serve as spokespeople for the group's values, not chosen at random. And according to Chris Gober, 1 of Musk's attorneys, the recipients are not chosen by chance.
He explained that the organization selects individuals who views aligned with America's PAC's pro Trump agenda and who have agreed to sign a petition endorsing constitutional rights, specifically free speech and gun rights. Chris Young, America PAC's director and treasurer, testified that the group carefully reviews each recipient before awarding the funds. He described a process that evaluates potential spokespeople based on their personalities and
their values. Winners are vetted through social media checks and in person meetings outside event venues. Young indicated the purpose of this review process was to ensure recipients are aligned with the group's messaging and capable of presenting its agenda publicly. Now, despite America PAC's claims, Krasner and his legal team argue that the giveaway is effectively an illegal lottery and an attempt to mislead
voters. Pennsylvania law prohibits lotteries unless they're operated by the state, and Krasner asserts that the daily $1,000,000 payouts constituted a lottery since they're marked as prizes for signing the petition now. Krasner's attorney, John Summers, argued in court that calling the giveaway a salary for spokespeople was one of the greatest scams of the last 50
years. Now Elon Musk's legal team, however, insisted that the program does not meet the criteria for a lottery since it lacks the element of chance. Instead, they say, the winners are selected in advance based on their potential to advocate for America Packs values. Musk's lawyer, Matt Haverstick, criticized the lawsuit as a political circus and argued that the payment should be seen as
compensation rather than prizes. According to Haverstick, Pennsylvania law doesn't apply in its context because the winners are essentially being hired for promotional purposes now. In an attempt to further support their argument, Musk's lawyers highlighted that participants sign a petition in support of the 1st and 2nd Amendments before they qualify for the program.
They intended that signing this petition is an exercise of free speech, making the giveaway a form of core political speech, and as such, they argued that preventing the promotion would infringe on Pennsylvanians rights to freely express their political beliefs. District Attorney Krasner's legal team challenged the PAC's defense, maintaining that the structure of the giveaway is a cover for a lottery system and that its promotional tactics are misleading.
Summers showed the court of video from October 10th or 19th Trump rally where Musk stated the America PAC would randomly select recipients from those who signed the petition. He argued that Musk's statements at the rally created a false impression that the winners would be chosen by chance. Young, who is America Pack's director, admitted he was surprised when he heard Musk describe the giveaway as random
at the rally. According to Young, America Pack had never intended the selection process to be random. The organization, he explained, always approached the giveaway as a structured recruitment of spokespeople, with the winners chosen specifically for their alignment with the Pack's
values. Young also confirmed that winners had to sign non disclosure agreements, which prevented them from publicly discussing the details of their contracts with America Pack. Now, in a statement to the court, Krezner's accused Musk's team of crafting a deliberately misleading narrative. He stated. They know what they're doing is illegal and they're doing everything under the sun to cover it up.
Krasner's office also discussed that PAC selective criteria, combined with the non disclosure agreements, concealed the true nature of the program from the public. This, Krasner argued, prevented voters from understanding that recipients were not randomly chosen, as Musk had said,
suggested and stated. And Musk's giveaway program operates in a legal Gray area regarding election laws, as it may be seen as an indirect attempt to pay people to register to vote or to influence their political choices. Federal law prohibits payments for voter registration, and the US Department of Justice has issued a warning to America Pack regarding potential violations. However, federal prosecutors have not yet taken formal action against Musk or his
organization. Now, the contested legality of Musk's promotion has significant implications for voter mobilization efforts, especially since the Trump campaign relies heavily on external groups like America PAC to canvas and engage voters. Now, the PAC's daily giveaways are part of a broader effort to motivate voters in swing states where the race between Vice President Kamala Harris and former President Donald Trump remains close.
With Election Day approaching, Musk's funding for America PAC has positioned his organization as a influential player in these battleground states. Now, Monday's court hearing was one of the last attempts by Krasner to halt the program before it concludes. Haverstick argued that Krasner's request was moot, noting that the remaining 2 winners from Monday and Tuesday had already been chosen.
Neither recipient, he pointed out, was from Philly, making an immediate court intervention ineffective. Haverstick assured the court that there was no risk of any further Pennsylvania residents receiving the money through
America PAC's program. No Judge Fuglietta briefly addressed the limited time frame of the program, asking both sides to confirm that the promotion would end on Election Day. Haverstick's response highlighted that the final two recipients had already been notified, thus precluding any further participation from Pennsylvania voters. And despite Kreisner's objections, Fuglietta issued a brief order allowing the giveaway to continue, stating he would clarify his reasoning at a
later date. Now, the controversy surrounding the program highlights Musk's increasing involvement in political activities. Elon has openly supported Trump throughout the campaign, and he has used his social media platform X to endorse Trump's policies and events. Musk's deep financial Support for America PAC also reflects his recent ideology alignment with conservative causes, including free speech and gun rights, which the PAC's petition
prominently endorses. America PAC's efforts in swing states have drawn attention not only for the sizeable payments, but also for PAC's high profile endorsement by one of the world's wealthiest individuals. And as BUS continues to fund the organization, his involvement in voter mobilization efforts is usual among CE OS of major tech companies. And this is a unique approach to political engagement by Elon.
This convolvement has, however, attracted legal scrutiny and public criticism for various political leaders and election officials. Now already, the program has distributed a total of $17 million to registered voters across 7 battleground states, according to America PAC, and its posts on X and the Pack's last recipient before Election Day is expected to be announced on Tuesday from Michigan.
With Election Day marking the conclusion of the program, the Pack has emphasized that it will not extend the giveaway beyond this date, in line with the judges inquiry during the hearing. And the ongoing legal disputes may continue even after Election Day, though, as officials assess the program's compliance with federal and state election laws. And as of now, the Justice Department's Cautionary Message to America PAC signals potential legal challenges down the line.
However, the outcome of the scrutiny and whether it will impact Musk or the PAC directly remains uncertain. Hey, thank you so much for listening today. I really do appreciate your support. If you could take a second and hit the subscribe or the follow button on whatever podcast platform that you're listening on. Right now I. Greatly appreciate it, it helps out the show tremendously and you'll never miss an episode. And each episode.
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