Judge Napolitano to Newsmax: Musk Can Easily Solve Suit

Former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Monday that a Philadelphia district attorney's issue with Elon Musk's America PAC awarding $1 million a day to a battleground state voter until Nov. 5 can be easily settled.

A lawsuit by Democrat District Attorney Larry Krasner was filed Monday over America PAC's sweepstakes offering $1 million every day until Nov. 5 to a person in a battleground state who signed a petition supporting the Constitution. The lawsuit contends "America PAC and Elon Musk are running an illegal lottery in Philadelphia (as well as throughout Pennsylvania)."

Krasner's lawsuit comes a week after the Department of Justice warned the tech billionaire the giveaway violates federal laws that ban inducements to voters. Musk's PAC reportedly has awarded $9 million in just over a week, nearly half of it to Pennsylvania voters.

"So, guess what this is all about: the dollar," Napolitano told "Carl Higbie FRONTLINE." "If you run a lottery in Pennsylvania, you have to get a permit and pay the government for the permit. Elon Musk didn't do that because he doesn't believe that this is a lottery. Under Pennsylvania law, this probably is a lottery."

Napolitano said he would advise Musk, a staunch supporter of former President Donald Trump, to send someone to the state capital of Harrisburg and have them register his sweepstakes as a lottery.

"My advice to him would be send somebody to the lottery office and register this thing and just get it over with," Napolitano said. "Because if a judge decides against you, A, the judge is going to stop you from doing this during the pendency of the case, and B, it's Pennsylvania.

"The judges are popularly elected. It's [Philadelphia] a Democratic county. You're probably going to lose, Elon, so do it the right way. Get it over with. Go back to doing what you want to do."

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