30s Summary

Elon Musk and America PAC’s $1 million daily giveaway in the lead up to the US election, was based on recipients’ personal stories, not on a lottery system, their lawyer has claimed in a Pennsylvanian court case. District Attorney Larry Krasner has disputed this, likening the scheme to an unregistered lottery. Despite a possibility of jail time, it is unlikely due to the case being tried in a state court. Federal charges could still be levelled, although the US Department of Justice has hinted at potential protection for Musk and America PAC.

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A lawyer acting on behalf of Elon Musk and the political action committee America PAC recently made a case to a Pennsylvanian judge that winners of their daily $1 million giveaway were specifically selected based on their personal stories.

This was in response to interpretations of the giveaways being a lottery of sorts for voters – a claim strongly disputed by Chris Gober, a lawyer known for his connections with the US Republican Party.

Elon Musk announced this $1 million-a-day scheme earlier. The idea was that one lucky voter from one of seven states would be awarded $1 million every day leading up to the election.

But Gober insists that it was never luck or randomness that decided the winners. Instead, the $1 million was not a prize, but rather the winners were predetermined. In layman’s terms, we knew exactly who was going to be announced the winner today and tomorrow.

This case revolves around the exact nature of how winners were chosen. Musk had said that eligible voters would “randomly” receive the money, which led to the giveaways being called a lottery or sweepstakes.

Pennsylvania’s Larry Krasner, the District Attorney who pressed charges against Musk and America PAC, says this is like operating an unregistered lottery. In other words, Krasner thinks Musk and America PAC have broken the law and is considering going for criminal charges.

Breaking federal laws regarding running an illegal lottery normally results in having to give up the money, paying fines, and it could even mean a year in jail for the perpetrators. However, this particular case was not taken to federal court, meaning federal laws may not apply. Plus, in Pennsylvania, running an illegal lottery only counts as a misdemeanour, so jail time is unlikely.

The lawyer defending Musk and America PAC said they didn’t actually run a lottery at all. Instead, the winners were chosen because of their personal stories and were then given a job as spokespersons. Their $1 million was dependent on them fulfilling their contractual obligations.

While Musk and the America PAC could still face federal charges, letters of warning from the US Department of Justice suggests some level of protection might be available. This hinges on Donald Trump winning, since both Musk and Trump have hinted that Musk might have a role in a new Department of Government Efficiency if Trump manages to reclaim the presidency come January.