Tech billionaire Elon Musk was reportedly a no-show in a Philadelphia courtroom Thursday morning, despite a judge having ordered his appearance to face proceedings in a civil lawsuit brought against him by District Attorney Larry Krasner for a daily $1 million giveaway to registered voters.
At the courthouse Thursday, Reuters reported that Musk did not appear at 10 a.m. for the hearing as expected, a move that could result in the SpaceX and Tesla owner being held in contempt of court and possibly fined. According to Pennsylvania law, punishment for contempt of court can be a fine of not more than $100 or imprisonment of no more than 30 days, or both.
Early this week, Judge Angelo Foglietta of the Philadelphia County Court of Common Pleas ordered Musk to appear in court on Friday, as Krasner seeks to stop the tech mogul ― who has endorsed Republican Donald Trump for president ― from handing out $1 million to registered voters in the swing state. On Wednesday, Krasner asked Foglietta to move the hearing to a more secure location, citing a deluge of threats he has received as a result of social media posts Musk has amplified on his website X. The judge agreed to move the hearing to City Hall, where there is a stronger police presence, and moved the hearing to Thursday morning as well.
Musk, meanwhile, filed a notice overnight Wednesday seeking to move the state case to federal court. He argues that Krasner’s lawsuit raises constitutional questions about free speech, and that the proper venue is the United States Eastern District of Pennsylvania.
Krasner’s emergency request to stop what he alleges is an “illegal lottery scheme” requires “judicial intervention into the progress of an ongoing federal election,” attorneys for Musk and Musk’s America PAC wrote Wednesday.
“This, however, a state court cannot do, as the issue of whether a federal
political action committee like America PAC ― which is focused on making
independent expenditures to influence campaigns for federal office, not state or local offices ― is exclusively governed by federal law and the First Amendment to the United States Constitution,” the attorneys argue.
The Department of Justice sent Musk a letter earlier this month warning him that the giveaway program could run afoul of laws that forbid giving financial incentives to registered voters.
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Attorneys for Musk and America PAC did not immediately respond to a request for comment Thursday.
This is a developing story. Check back for updates.