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highplainsdem

(52,834 posts)
Thu Oct 31, 2024, 09:11 AM Oct 31

Musk was supposed to be in a PA court right now for a hearing on his illegal lottery, but his lawyers filed to move [View all]

the lawsuit to federal court.

EDIT - DA Krasner just spoke (I was watching the Reuters livestream) and said Musk didn't appear. Krasner will seek to have the lawsuit remanded to a Pennsylvania court.

https://www.cnbc.com/2024/10/31/elon-musk-seeks-to-move-1-million-voter-lottery-lawsuit-to-federal-court.html

It is not clear if that hearing, where Musk had been ordered to appear in person, will proceed as planned given the notice of removal in federal court.

As a rule, federal law bars a state court proceeding from taking place if a party in the case has filed a notice of removal to federal court and a copy of that notice is filed with the state court. The notice was filed in the Court of Common Pleas at 9:07 a.m. ET on Thursday.

The notice filed in federal court by lawyers for Musk and his America PAC argue that because that PAC is registered as a federal entity, it is not subject to state law.

“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 says.



Editing to add livestream.from Reuters' YouTube channel:

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