Legal AF by MeidasTouch - Musk FILES EMERGENCY Brief after SKIPPING COURT

Episode Date: November 1, 2024

In a desperate move that will ultimately fail Elon Musk has tried to remove the case against him for running an illegal lottery in Pennsylvania from state Court to Federal court, and has hired a lawyer who has his own ax to grind against the Philadelphia district attorney who brought the case to boot. Michael Popok takes a close look at the new emergency filing by Musk’s new lawyers and details why it is likely to fail with the case being sent back to the state court judge before the election. Head to https://zbiotics.com/LegalAF to get 15% off your first order when you use LEGALAF at checkout. Join the LegalAF Patreon: https://Patreon.com/legalAF Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices

Elon Musk hired a lawyer who's got an axe to grind against the district attorney to try to fight back to keep that illegal lottery case out of state court and drag it over to federal court. Will he prevail? I don't think so. And I'll break it down based on a new filing we just got from Elon Musk to try to force the case to stay in federal court. I'm Michael Popak. This is Legal AF and the Midas Touch Network. Got a lot going on here, a lot of moving parts. We got state judges. We got a new lawyer appearing for Elon Musk who has his own axe to grind against the very district attorney who brought the case for a legal lottery against Elon Musk. It's the same lawyer that just two years ago successfully worked with the Republicans and others in the Pennsylvania House to impeach the DA. The same Larry Krasner got impeached and although eventually he

won he got his impeachment articles tossed by the Supreme Court of Pennsylvania but it's the same lawyer. Of course Elon Musk would hire Matt Haverstic. Matt Haverstic has got a vendetta or an axe to grind against Krasner and Larry Krasner is the DA that brought the case. Now they're having a big fight over who brought the case? Who brought the case? Is it Larry Krasner as DA or is it the Commonwealth of Pennsylvania, the state? Because if it's the state of Pennsylvania,

which is what it says right here on the caption, if it's the state of the Commonwealth of Pennsylvania through Larry Krasner, the DA, then there can be no diversity jurisdiction and no ability to drag the case really over to federal court because you only have two ways to get into federal court. A little tutorial here. If a case has been filed against you in state court, one, you have what's called diversity of jurisdiction. The two

parties have some sort of residency. They have to be flesh and blood or a corporation of some sort and so you have that and then you say oh they're in different states or different countries, okay. And then on top of that, they're the amount controversy 75,000. And I think under both of those analysis, Elon Musk's new lawyer, I don't care that he unsuccessfully impeached at one point Larry Krasner, I think he's got the losing argument in his new filing.

Because states are not generally considered as part of the diversity analysis, because a state versus a person is not how you reach the conclusion as to whether there is diverse residency, because Pennsylvania doesn't have a residency. It is its own state. The way around that, which is what Musk's lawyers are trying to do, is to say, it's really not the Commonwealth of Pennsylvania which would destroy diversity jurisdiction

and we wouldn't be able to be in federal court. What we're arguing is that Larry Krasner is really the plaintiff and Krasner lives in Pennsylvania and Elon Musk lives in Texas and we've got diversity jurisdiction. No, there's no way this judge, and I like this judge, Judge Gerald Papert, who used to be the former Attorney General of Pennsylvania before, even though a Republican was appointed

by Obama, it shows you he's not MAGA, this guy is not going to find that Pennsylvania is not the actual plaintiff in the case, despite the fact that it's on it, and it's really the DA of Philadelphia, Larry Krasner, and he's suing in some sort of personal capacity. Loser! Second losing argument that I picked up in this new filing by Elon Musk's new lawyers is that they're arguing, well, it's really a federal question. A federal law really predominates, even though it's all about state lottery law. The whole case that's been filed smartly by D.A. Larry Krasner in the Philadelphia Court of Common Please that sits in City Hall is about the lottery law in Pennsylvania. That he's running at a legal lottery offering to buy votes and voter registration,

yes, but it doesn't touch on the federal election law issues or even Donald Trump by name in that way. And they're saying, oh, it does. It's really all about federal election law issues or even Donald Trump by name in that way. And they're saying, oh, it does. It's really all about federal election law and the first amendment and core political speech. No, it's not. It's about the violation of a state lottery law because we don't like illegal lotteries being run out of a van being driven around by Elon Musk.

And so this is the fight and we're going to get a fast ruling based on what I just read in this answer to the emergency motion for remand by Musk lawyers. I think it's going to be pretty quick work by Judge Papert. He can do it on the papers. He doesn't have to hold an evidentiary hearing. He's got the papers that he needs. And I think it's more likely than not that he finds that there's no diversity jurisdiction because the Commonwealth of Pennsylvania is the party that's bringing the case, not Krasner in his individual capacity under any circumstance, and that even though it sort of touches

on federal election law, it's not a federal substantive federal question type case to allow you to go to federal court. If you don't have federal question as predominant and you don't have diversity jurisdiction, you're stuck in state court. And I think this is how that's gonna roll out. Let's face it, after a night with drinks, I don't bounce back the next day like I used to. I have to make a choice. I can either have a great

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and use the code LegalAF at checkout for 15% off. But this is moving fast. I mean, the suit was filed on October the 28th. Within a day, they hired this guy, Haverstic, who had already unsuccessfully impeached the DA. You could just see Elon Musk in some sort of smoke-filled room saying, who, how do we stick a shiv into the DA? Who really, who's gone after him before?

Oh, Matt Haverstic over at this law firm. Oh, hire him. And then they hired some guy out of Texas that's responsible for political action committees and he's a very political lawyer. And so they brought him into, and so these guys are going to be before Judge Papert, but not for long because Judge Papert has the power as a federal judge without really appeal. There's no real appellate process here. Boom. Looked at the papers, don't see it going back to the judge. And I think Judge Angelo Fogliotti will appreciate this case. He already, let me just remind people that, or tell you straight here, Elon Musk may be subject to contempt for failing to appear in court, though, ordered to do so by the state court judge, Court of Common Pleas. He was supposed to show up at 10 o'clock in the morning yesterday.

He didn't show up, his lawyer showed up. I love D.A. Krasner's lawyers that were in the courtroom, a little bit of a humor. They said, wait a minute, this guy can put a rocket on the Mars, but he can't show up on time for a hearing? He can find a way to get here. Let him fly in on a drone. And Fogliotti said, you know what? He filed a notice of removal. Let's let that sort out with the federal court system.

You may be back in front of me quickly. We'll deal with his failure to appear, appear, even though I said everybody in all parties and Elon Musk is a party 10 AM, he sent his lawyers instead. So we'll see. He, uh, he kind of kept his powder drive for now, but I think we're going to see a hearing about why didn't you appear the last time I called you. And if this goes according to plan, within the next day or two, before the election, I think it's going to end up back in City Hall

in Philadelphia for an emergency hearing about whether Elon Musk can continue to try to buy votes at $47 a pop or a million dollars a pop or whether it's an illegal lottery that gets shut down on an emergency basis. Just to be clear, I've worked in this area a little bit myself, phony lotteries, illegal lotteries, illegal games of chance, illegal gaming machines, sports betting get shut down quickly on an emergency application all the time in states, all the time. You're running a sports book in your garage, you're illegal taking bets, you're an illegal bookie,

you're running a lottery with your friends, a 50-50 raffle at the church that's not properly registered. You get shut down really quick. I'm gonna follow it and all the pages out of Donald Trump's playbook that Elon Musk is trying, try to go to, you can just see Donald Trump telling him, try to go to federal court, file something, get a lawyer that the DA hates, do that.

What else can you do? Okay, write some arguments that really don't make any sense and file them at 10 a.m. in the morning. But we caught it here on the Midas Touch Network on illegal AF and I'm so glad that you're here. We have so much to talk about at the intersection of law and politics. We have for the last four and a half years that we decided before the election to build a new channel pro-democracy with the Midas Touch Network and your help, we decided to open a new channel.

It's called Legal AF and you can find it easy on YouTube. Our call sign, our address is at legalafmtn for Midas Touch Network. We are the Legal AF YouTube channel. We're doing stuff there that's exclusive to there. I brought in some new commentators and new contributors you haven't heard of before and some from the Midas universe. Of course, I'm there doing four or five videos a day at the intersection of law and politics. Until my next hot take, and don't forget the Legal AF of the podcast, that's every Wednesday and Saturday at 8 p.m. Eastern time on this YouTube channel for MidasTouch. And then you can pick it up wherever you get your audio podcasts from. I mean, add it together.

Find out what's 62, no, 65 million people a month already know that Legal AF is the home of law and politics, commentary and analysis like no other. So until my next contribution here on the Midas Touch Network or there on Legal AF YouTube channel, I'm Michael Popak and I am reporting. In collaboration with the Midas Touch Network, we just launched the Legal AF YouTube channel. Help us build this pro-democracy channel where I'll be curating the top stories, the intersection of law and politics. Go to YouTube now and free subscribe at Legal AF MTN. That's at Legal AF MTN.