‘Pulling an Alvin Bragg’: Left-wing DA’s ‘flimsy’ suit against Elon Musk’s $1M giveaway slammed by expert

Left-wing Philadelphia District Attorney Larry Krasner filed a lawsuit against tech billionaire Elon Musk over his $1 million giveaway amid the highly anticipated Pennsylvania election – a suit that is being slammed as riddled with legal issues by an expert. 

"As a prosecutor for the city and county of Philadelphia, Krasner has no legal ability to prosecute anyone for alleged violations of federal law. So instead, he is pulling an Alvin Bragg by concocting a flimsy legal theory that Musk somehow is violating Pennsylvania’s lottery law," Cully Stimson, deputy director of the Heritage Foundation’s Edwin Meese III Center of Center for Legal and Judicial Studies, wrote in a Daily Signal commentary piece published Monday. 

Stimson compared the suit to Manhattan District Attorney Alvin Bragg charging former President Trump with 34 counts of falsifying business records, which prosecutors linked during the spring 2024 trial to an election scheme to illegally influence the 2016 election. Trump was found guilty in the case, and has since maintained his innocence as legal experts rallied that the case was an "absolute joke" and "witch hunt" against the 45th president. 

Krasner filed a lawsuit Monday against Musk and his super PAC, the America PAC, for "running an illegal lottery in Philadelphia" and across the state. 

Musk announced earlier this month that voters in battleground states, such as Pennsylvania or Michigan, were eligible for a $1 million a day giveaway after signing the America PAC’s petition backing the Constitution. Musk endorsed Trump in July, and recently joined him on the campaign trail to rally support for his re-election bid, most notably in the key battleground state of Pennsylvania. 

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The initiative outlines that it only applies to registered voters in the battleground states of Pennsylvania, Georgia, Nevada, Arizona, Wisconsin and North Carolina, and if they sign the petition. 

"The First and Second Amendments guarantee freedom of speech and the right to bear arms. By signing below, I am pledging my support for the First and Second Amendments," the petition reads. 

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Musk has already announced winners for the giveaway, including one in Lancaster, Pennsylvania, on Saturday. 

"Oct 22 - Nov 5: Each day, one petition signer from either PA, GA, NV, AZ, MI, WI, or NC will earn $1,000,000," the America PAC website reads. 

Stimson wrote that Krasner is "one of George Soros’ bought-and-paid-for district attorneys" who "doesn’t care about the law" and launched the suit to quench his alleged thirst "for media attention."

"Musk isn’t paying individuals to register to vote; he is paying already-registered voters to sign a petition, which is entirely lawful," Stimson explained. 

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"​​In his civil complaint against Musk, Krasner asserts that by ‘lulling’ registered voters into giving their personal identifying information such as their postal address, cellphone number, and email address, voters have paid Musk consideration – as when a person gives a dollar to purchase a Mega Millions lottery ticket," he continued. 

In his suit, Krasner cited the 1976 case "Commonwealth v. Lane," which detailed that under Pennsylvania law, a lottery is deemed unlawful under three elements: "(1) a prize to be won; (2) a winner to be determined by chance; and (3) the payment of a consideration by the player." 

Stimson said the first two elements are satisfied when considering the Musk giveaway, but "the third element is nowhere to be found."

"Consideration is the payment of money, which is completely lacking in the Musk proposal. Registered voters didn’t pay money to sign the petition. Their personally identifiable information isn’t, under either the Lane case or state law, ‘consideration,’" Stimson explained. 

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Stimson, whose background includes extensive investigations into "rogue" prosecutors who have politically benefited from donations made by left-wing billionaire George Soros, added in his commentary piece that it’s a "bit rich of Krasner to sue Musk, since the Philadelphia DA is a two-time violator of state campaign finance laws."

Stimson cited previous research that found Krasner received $1.7 million from Soros-funded groups during his 2017 election, and an additional $1.25 million from the same groups during his 2021 re-election campaign. 

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"In both races, he broke campaign finance laws and got into hot water with Philadelphia’s Board of Ethics."

The Philadelphia Inquirer reported in 2019 that Krasner settled with the ethics board over accepting more than $11,000 in excess in-kind contributions from the Soros-backed Real Justice PAC. Krasner paid a $4,000 fine and agreed to reimburse the city for the excess in-kind contribution from the PAC, while the Real Justice PAC agreed to pay $8,000 in penalties.

Following his 2021 re-election, Krasner’s campaign and the Real Justice PAC again admitted to breaking campaign finance law. Krasner agreed to pay $10,000 in penalties, while the Real Justice PAC agreed to pay $30,000 in penalties, the Philadelphia Inquirer reported that year.

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"Krasner has been a disaster as Philadelphia’s district attorney," Stimson wrote. "... Crime has exploded in Philly as a result of Krasner’s pro-criminal, anti-victim, cop-hating policies."

"In the five years before he was elected, an average of 271 homicides occurred per year. Since he was elected in 2017, an average of 368 homicides per year have occurred – an ‘extra’ 97 dead bodies per year."

Fox News Digital reached out to Krasner’s office for a response to Stimson’s arguments, but did not receive a reply. 

Following Musk’s announcement of the giveaway this month, Democratic Gov. Josh Shapiro set the stage that it would likely come under legal scrutiny. 

"I think there are real questions with how he is spending money in this race, how the dark money is flowing, not just into Pennsylvania, but apparently now into the pockets of Pennsylvanians. That is deeply concerning," Shapiro said on NBC’s "Meet the Press."

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He continued, "Look, Musk, obviously has a right to be able to express his views, and he’s made it very, very clear that he supports Donald Trump, and we have a difference of opinion. I don’t deny him that right, but when you start flowing this kind of money into politics, I think it raises serious questions that folks may want to take a look at."

"You think it might not be legal, yes or no?" host Kristen Welker asked.

Shapiro responded, "I think it’s something that law enforcement can take a look at."

Musk announced the eighth winner of the giveaway on Saturday in Lancaster, home to Pennsylvania’s rolling hills dotted with Amish farms, where he again touted the petition backing the Constitution. 

"We're trying to get attention for this very important petition to support the Constitution. And, it's like, if we, you know – we need the right to free speech; we need the right to bear arms," Musk said at the rally in Lancaster.

"So we're going to be giving out a million dollars every day through Nov. 5," he continued. "And also, all you have to do is sign the petition in support of the First and Second Amendments. That's it. You don't even have to vote. It'd be nice if you voted, but you don't have to. And then just basically sign something you already believe in, and you get a test to win a million dollars every day from now through the election."

WATCH: Biden repeats exaggerated house fire story he claims almost killed his wife in 2004

President Biden once again told his often exaggerated story about the time a minor fire occurred at his Delaware home as a result of a lightening strike in 2004 that he says almost claimed first lady Jill Biden's life.

Biden began his speech to a group of firefighters in Philadelphia on Monday with the story that didn't quite go as far as he'd taken it in the past, but still included the claim that his wife's life was in danger despite the fire being "small" and "contained to the kitchen."

"They also saved my home and my wife's life when I was away. It was the last day that the most famous guy doing ‘Meet the Press’ in Washington, D.C., and I was doing the program. And what happened was there was a lightning struck a little pond behind my house. It hit a wire and came up through the basement of my home and three stories," Biden said of his local fire department.

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"And the smoke literally ended up being that thick, literally that thick. You've seen it. You guys have seen it. I wasn't there. And my wife was there and my dog and my cat and my '67 corvette. But all kidding aside, they saved my wife and got her out. They saved my home," he added.

According to a 2004 report from the Associated Press, lightning struck the Bidens’ home and started a "small fire that was contained to the kitchen." The report said firefighters got the blaze under control in 20 minutes and that they were able to keep the flames from spreading beyond the kitchen.

Despite those details, Biden once told the story in a way that included the house burning down with Jill still in it. 

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Speaking on a New Hampshire bridge in 2021 about his bipartisan infrastructure plan, Biden said, "Without this bridge, as I said earlier, it’s a 10-mile detour just to get to the other side. And I know, having had a house burn down with my wife in it — she got out safely, God willing — that having a significant portion of it burn, I can tell: 10 minutes makes a hell of a difference."

Biden told the story again in August following the deadly Maui wildfires in an attempt to relate to the surviving victims who lost their homes and, in some cases, family members.

"I don’t want to compare difficulties, but we have a little sense, Jill and I, of what it was like to lose a home," Biden said. "Years ago, now, 15 years, I was in Washington doing ‘Meet the press’… Lightning struck at home on a little lake outside the home, not a lake a big pond. It hit the wire and came up underneath our home, into the…air condition ducts.

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"To make a long story short, I almost lost my wife, my '67 Corvette and my cat," he added.

He was later blasted by critics for making the comparison, with some calling it "disgusting," and "self-centered."

The White House did not immediately respond to Fox News Digital's request for comment.

Fox News' Jessica Chasmar and Greg Whener contributed to this report.

Pennsylvania Supreme Court debates future of impeachment trial for Philadelphia Prosecutor Larry Krasner

Pennsylvania's highest court on Tuesday weighed whether the Legislature can proceed with an impeachment trial against Philadelphia's elected progressive prosecutor and whether the court or lawmakers should determine what qualifies as misbehavior in office.

What the justices decide after oral arguments in the Supreme Court chambers in Harrisburg will determine the future of efforts to remove District Attorney Larry Krasner, a Democrat, on claims he should have prosecuted some minor crimes, his bail policies and how he has managed his office.

Krasner was impeached by the state House in November 2022, a year after he was overwhelmingly reelected to a second term, sending the matter to the state Senate for trial.

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Justice Kevin Brobson, one of the two Republicans on the bench Tuesday, questioned why the court should get involved at this point and suggested the Senate may not get the two-thirds majority necessary to convict and remove Krasner from office.

"Just as I would not want the General Assembly to stick its nose into a court proceeding, I am shy about whether it makes sense, constitutionally, jurisprudentially, for us at this stage to stick our noses" into the impeachment process, he said.

Justice Christine Donohue, among the four Democratic justices at the hearing, said she was not comfortable delving "into the weeds" of what the impeachable offenses were, but indicated it should be up to the Supreme Court to define misbehavior in office, the grounds for removal.

"It would go through the Senate once we define what misbehavior in office means, whatever that is, and then it would never come back again because then there would be a definition of what misbehavior in office is," she said.

Another Democrat, Justice David Wecht, seemed to chafe at an argument by lawyers for the two Republican House members managing the impeachment trial that lawmakers should determine what constitutes misbehavior.

"It’s not just akin to indicting a ham sandwich," Wecht said. He went on to say, "They could have totally different ham sandwiches in mind."

"I mean, it’s whatever the House wakes up to today and what they have for breakfast and then they bring impeachment. And then tomorrow the Senate wakes up and they think of the polar opposite as what any misbehavior means," Wecht said.

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Krasner has dismissed the House Republicans’ claims as targeting his policies, and a lower court issued a split ruling in the matter.

A panel of lower-court judges rejected two of Krasner’s challenges — that the opportunity for a trial died along with the end last year’s session and that as a local official he could not be impeached by the General Assembly. But it agreed with him that the impeachment articles do not meet the state constitution’s definition of misbehavior in office.

Krasner’s appeal seeks reconsideration of the Commonwealth Court’s decision.

The Republican representatives who spearheaded the impeachment and the GOP-controlled Senate leadership also appealed, arguing that impeachment proceedings exist outside of the rules of lawmaking and could continue into a new legislative session. Krasner, as a district attorney, gets state funding and that distinguishes him from purely local officials, they argued.

Pennsylvania Rep. Craig Williams enters 2024 race for attorney general

A state lawmaker who is helping lead the effort to impeach Philadelphia's elected prosecutor on Tuesday became the newest candidate for Pennsylvania attorney general, an office that played a critical role in court defending Joe Biden’s 2020 victory in the presidential battleground.

Rep. Craig Williams, a Republican who represents part of suburban Philadelphia, has said for months that he planned to run for the state's top law enforcement office in 2024.

Williams, a former federal prosecutor and former U.S. Marine Corps pilot and prosecutor, is the third Republican to declare his candidacy.

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In an announcement video, Williams says, "I'm running for attorney general because I know how to deal with violence. ... I fought the bad guys on the battlefield and I beat them in the courtroom."

Democrats are facing a five-way primary for an office that will be open after next year.

Williams is a second-term member of the state House who ran unsuccessfully for Congress in 2008, losing by 20 percentage points to then-U.S. Rep. Joe Sestak. He spent about a decade as a lawyer for Philadelphia-area electric and gas utility Peco Energy Co., an Exelon Corp. subsidiary, before running for the Legislature.

As a freshman lawmaker, he became one of two House Republicans tapped to lead the impeachment of Philadelphia's progressive district attorney, Larry Krasner. The process is tied up in court, with Krasner challenging it as a political impeachment based on policy disagreements, not credible evidence of wrongdoing in office.

Williams, 58, born in Alabama, got his law degree at the University of Florida.

The attorney general's office has a budget of about $140 million annually and plays a prominent role in arresting drug traffickers, fighting gun trafficking, defending state laws in court and protecting consumers from predatory practices.

The office also defended the integrity of Pennsylvania’s 2020 presidential election against repeated attempts to overturn it in state and federal courts by Donald Trump’s campaign and Republican allies.

The two other Republicans who have announced their candidacies are York County District Attorney Dave Sunday and former federal prosecutor Katayoun Copeland.

The Democrats running are Delaware County District Attorney Jack Stollsteimer, state Rep. Jared Solomon of Philadelphia, former state Auditor General Eugene DePasquale, former federal prosecutor Joe Kahn and Keir Bradford-Grey, the former head of Philadelphia’s and Montgomery County’s public defense lawyers.

No Republican has been elected attorney general since 2008.

Candidates must file paperwork by Feb. 13 to appear on the April 23 primary ballot.

The current officeholder, Michelle Henry, is filling the last two years of Gov. Josh Shapiro 's second term as attorney general and doesn't plan to run for the office. Shapiro nominated Henry, his top deputy, in January when he was sworn in as governor.

Pennsylvania House Republicans announce articles of impeachment against Philadelphia DA Larry Krasner

Pennsylvania House Republicans announced they are filing articles of impeachment against Philadelphia District Attorney Larry Krasner over policies they say led to high crime.

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A new report from Pennsylvania lawmakers took Philadelphia DA Larry Krasner to task for policies they say led to a rise in crime, but they held off on calling for impeachment.

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Philadelphia District Attorney Larry Krasner is fighting back against state lawmakers who voted to hold him in contempt while others work toward his impeachment.

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Three Pennsylvania Republicans introduced articles of impeachment against Philadelphia district attorney Larry Krasner on Monday, saying his policies are causing crime.