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Philadelphia County Common Pleas Court Judge Angelo Foglietta rejected the request made by the city's district attorney, Larry Krasner, whose lawsuit argues that the lottery is illegal in Pennsylvania, according to an NBC 10 News report.
Krasner called the lottery a scam during the hearing and told the judge he'd sue pop star Taylor Swift if she attempted to run a similar giveaway, NBC 10 News states.
The lottery isn't really a lottery at all, according to America PAC Treasurer Chris Young, who told the court that winners were chosen before the prizes were announced and then paid the $1 million to be spokespeople for the PAC, according to NBC 10.
Musk's prior use of the term "randomly" when referring to how winners were chosen was "not the word I would have selected," Young said, according to the NBC 10 report.
The judge's order does not end the lawsuit, which is ongoing, NBC 10 states. Krasner said his case has actually gotten stronger after America PAC admitted that its lottery winners weren't chosen at random.
Musk and America PAC had to defend their $1 million voter lottery in Pennsylvania after an attempt to move the lawsuit to federal court failed.
Musk and a representative of America PAC were ordered to Philadelphia on Thursday, Oct. 31 for an emergency hearing regarding District Attorney Larry Krasner's lawsuit over the lottery, according to previous reporting by Daily Voice.
However, Musk didn't attend the emergency hearing over what Krasner is calling an illegal lottery as his attorneys attempted to move the lawsuit to a federal court.
That attempt failed when U.S. District Judge Gerald J. Pappert, a Republican former Pennsylvania attorney general, denied Musk's request on Friday, Nov. 1, a 6abc Action News report states.
An America PAC lawyer told Common Pleas Court Judge Angelo Foglietta that the $1 million "winners" were actually paid spokespeople who were not chosen by chance on Monday, Nov. 4, according to another Action News report. The recipients were chosen based on their personal stories and are required to sign a contract with America PAC before they receive $1 million.
Musk also didn't attend Monday's hearing, according to the Action News story.
Krasner's lawsuit argues that Musk and America PAC began a lottery scheme that is illegal in Pennsylvania during a rally supporting presidential candidate Donald Trump on Saturday, Oct. 19, according to previous reporting by Daily Voice.
The process Musk and America PAC used to determine winners is an illegal lottery under state law because all lotteries must be regulated by state government, Krasner's lawsuit argues.
Click here to read the full NBC 10 report.
Click here to read the full Action News report.
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