Elon Musk's Philly hearing moved up 1 day; DA Krasner asks for more security

The order from Philadelphia Judge Angelo Foglietta states that "all parties must be present."

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Thursday, October 31, 2024 1:21AM
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PHILADELPHIA -- The judge overseeing the lawsuit against Elon Musk and his $1 million giveaway to registered voters who sign a petition supporting the First and Second amendments has moved up a hearing in the case to Thursday at 10 a.m., bumping it up from Friday, according to a new order.

The order from Philadelphia Judge Angelo Foglietta states that "all parties must be present." It is unclear whether Musk will attend.

Philadelphia District Attorney Larry Krasner, who filed the lawsuit against Musk, asked the judge overseeing the case Wednesday to "enhance its security" for the upcoming hearing.

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Krasner said in a new court filing Musk's post about the case on X has "triggered an avalanche of posts," including "antisemitic attacks" against the prosecutor.

Philadelphia District Attorney Larry Krasner speaks with members of the media during a news conference in Philadelphia on Oct. 13, 2022. (AP Photo/Matt Rourke, File)

One account was "inviting political violence" and posted Krasner's home address, according to the filing.

"These posts, which unquestionable are criminal .... and remain posted on Musk's X website today," the filing states.

Another post read, "Krasner loves visitors. Mask up and leave all cellphones at home," according to the filing.

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"The directives to 'mask up' and to 'leave all cellphones at home' are to prevent identification of illegal actors by video, by eyewitnesses, and by cellphone geolocation," the filing reads.

In the lawsuit, Krasner claims Musk and his America PAC are "running an illegal lottery in Philadelphia (as well as throughout Pennsylvania)."

Elon Musk speaks as part of a campaign town hall in support of Republican presidential nominee former President Donald Trump in Folsom, Pa., Thursday, Oct. 17, 2024.
(AP Photo/Matt Rourke)

Federal law singles out anyone who "pays or offers to pay or accepts payment either for registration to vote or for voting." The penalty is a fine of no more than $10,000 or a prison sentence as long as 5 years.

Several experts ABC News spoke to in the wake of Musk announcing the giveaway said it occupies a blurry area of law.

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"I've gone back and forth on it," Richard Briffault, a professor of legislation at Columbia University Law School, told ABC News. "It clearly violates the spirit of the statute, but it's not 100% clear to me that it violates the letter of the law."

Other experts, like Doug Spencer, a professor of election law at the University of Colorado, said "it seems like it really crosses the line."

Representatives for Musk did not immediately respond to ABC News for comment.

ABC News' Olivia Rubin contributed to this report.

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