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.
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