Judge rules lottery can continue. Musk lawyer: Lottery winners not random
There is no prize to be won, instead recipients must fulfill contractual obligations to serve as a spokesperson for the Pac.
A lawyer for DA Krasner’s office called those comments a “complete admission of liability”.
We just heard this guy say, my boss, my client, called this random. We promised people that they were going to participate in a random process, but it’s a process where we pre-select people.
The lawyer then the court a clip of Musk at a Trump rally on 19 October telling attendees that America PAC would “randomly” award $1m to people who sign the petition every day until the election. In the video, Musk also said “all we ask” is that the winners serve as spokespeople for the group. Krasner took the stand to offer evidence. Under questioning, he said two Pennsylvania residents had been “scammed for their information” and called the giveaway a “grift” aimed at political marketing.
Judge declines to block lottery
Judge Foglietta rules Philadelphia DA Krasner’s lawsuit to stop Musk’s America PAC’s $1 million lottery will be put on hold while a federal court decides whether to take up the case. If the federal court chooses not to rule on the matter the case will go back to the state court. As the case won’t be resolved until after the Nov 5 election, Musk can continue to give away prizes. Musk did not appear in court, but responds on X:
American Justice FTW
American Justice FTW 🙌 https://t.co/5KKNGHrOXF
— Elon Musk (@elonmusk) October 31, 2024
Judge: Musk can be subpoenaed through Tesla
A federal judge rules that the U.S. Virgin Islands can serve Musk a subpoena through Tesla, as part of the government’s lawsuit against JPMorgan Chase over its ties to Jeffrey Epstein. The ruling comes after lawyers for the Virgin Islands government said that it had not been able to serve Musk personally with the subpoena, as is the norm. Nor did a Musk lawyer reply to a request to accept the subpoena for his client. The judge authorizes the U.S. Virgin Islands to:
arrange alternative service of its Subpoena to Produce Documents by serving Elon Musk via service upon Tesla Inc.’s registered agent.
Musk’s SEC ‘muzzle’ appeal rejected
The 2nd U.S. Circuit Court of Appeals in Manhattan rejects Musk’s bid to modify or end his 2018 securities fraud settlement with the U.S. Securities and Exchange Commission that requires a Tesla lawyer to approve some of his tweets in advance. (SEC v Musk, 2nd U.S. Circuit Court of Appeals, No. 22-1291.). Musk argued that the SEC exploited his consent decree to conduct bad-faith, harassing investigations that violated his First Amendment free speech rights under the U.S. Constitution. His decree resolved an SEC lawsuit accusing him of defrauding investors with an Aug. 7, 2018, tweet that he had “funding secured” to take his electric car company private. (A San Francisco jury already found Musk not liable for investor losses over the tweet.)
In the appeal, Musk’s lawyers called the pre-approval mandate a “government-imposed muzzle” that amounted to an illegal prior restraint on his speech, but the court says the SEC had opened just two subsequent inquiries into Musk’s tweets, which “plausibly violated” the decree’s terms. The three-judge panel says that the SEC’s inquiries were “limited” and “appropriate,” and “have not made compliance with the consent decree ‘substantially more onerous'” for Musk, who chose to allow screening of his tweets and therefore has no right to revisit the matter “because he has now changed his mind.” Musk lawyer:
We will seek further review and continue to bring attention to the important issue of the government constraint on speech.
Musk found not guilty of Tesla tweet fraud
In less than two hours, nine jurors unanimously clear Musk of wrongdoing in a Tesla shareholder class action suit, taken over a tweet in which he said he had “funding secured” to take the electric carmaker private in August 2018. The proposed $72bn (£60bn) buyout never materialised. Sharholders claimed Musk had lied when he tweeted later in the day that “investor support is confirmed”. According to an economist hired by the shareholders, investor losses were calculated as high as $12bn. During the three-week trial, Musk, who took the stand for nearly nine hours, argued he thought he had a verbal commitment from Saudi Arabia’s sovereign wealth fund for the deal.
Musk tweets his thansk to the jurors:
Thank goodness, the wisdom of the people has prevailed!
I am deeply appreciative of the jury’s unanimous finding of innocence in the Tesla 420 take-private case.
— Elon Musk (@elonmusk) February 3, 2023
Musk-Twitter trial stayed, deal must close Oct 28
Delaware Chancery Court Judge Kathaleen McCormick agrees to stay the Musk-Twitter trial, giving Musk until 5 pm on Oct. 28 to close the deal. Otherwise, she will set another trial date for next month. The proceedings had been set for Oct. 17. Twitter had argued that Musk should close the deal before the trial date.
This action is stayed until 5 p.m. on October 28, 2022, to permit the parties to close on the transaction. If the transaction does not close by 5 p.m. on October 28, 2022, the parties are instructed to contact me by email that evening to obtain November 2022 trial dates.