Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Musk Gets Tossed Back To PA State Court In Lottery Case, Just In Time For Election – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

Elon
Musk
will
get
away
with
it.

The
world’s
richest
man
will
dole
out
several
more
thinly
disguised
bribes
in
an
attempt
to
sway
the
election
results,
and
he
will
face
no
consequences.
But
he
did
get
unceremoniously
chucked
back
to
state
court
by
Judge
Gerald
Pappert,
who
flicked
the
thin-skinned
billionaire
aside
like
a
bit
of
noxious
pet
dander
clinging
to
his
judicial
robes

which
is
something
anyway.

The
case
involved
a

civil
action

by
Philadelphia
District
Attorney
Larry
Krasner,
who
is
seeking
to
enjoin
Musk
from
engaging
in
an
illegal
lottery
through
daily
giveaways
to
registered
voters
who
sign
a
petition
pledging
“support
for
the
First
and
Second
Amendments.”

Musk
has
been
stumping
for
Donald
Trump
across
Pennsylvania,
donating
upwards
of
$130
million
to
support
the
former
president’s
campaign,
even
as
he
rails
against
interference
by
philanthropist
George
Soros.


Judge
Angelo
Foglietta
of
the
Philadelphia
Court
of
Common
Pleas
ordered
Musk
to
appear
in
Court
on
Thursday
morning,
but
by
then
the
case
had
been
removed
to
federal
court,
where
it
landed
on
Judge
Pappert’s
docket.


Musk’s

theory
of
jurisdiction

is
that,
while
the
DA’s
complaint
is
nominally
about
violating
Pennsylvania’s
consumer
protection
laws,
it
really
pertains
to
the
election,
and
thus
presents
an
important
federal
question.
He
made
an
equally
inscrutable
argument
that
the
DA
is
acting
in
his
personal
capacity
as
a
citizen
of
Pennsylvania,
and
thus
there
is
diversity
between
the
parties.
This
requires
ignoring


Moor
v.
Alameda
County
,
411
U.S.
693,
717
(1973),
in
which
the
Supreme
Court
held
that
“a
State
is
not
a
citizen
for
purposes
of
[]
diversity
jurisdiction.”
But
Musk
and
his
lawyers
are
up
to
the
task!

Last
night,
Krasner
filed
an

emergency
motion

to
remand
the
case
to
state
court,
pointing
out
that
the
amount
in
controversy
is

zero
dollars
,
because
the
only
relief
sought
is
injunctive,
and
noting
that
there
is
Third
Circuit
precedent
for
sanctioning
a
party
who
removes
a
case
without
any
objectively
reasonable
basis.
And
this
morning,
as
per
the
court’s
order,
Musk

responded

by
speculating
that
he

could

theoretically
be
fined,
and
so
the
court
should
simply
infer
that
the
case
meets
the
$75,000
federal
threshold.

Judge
Pappert

declined

to
make
such
an
inference,
remanding
the
case
to
state
court
because
there
is
no
federal
question
implicated
and
no
jurisdiction
for
his
court.
But
as
it
is
now
Friday,
it’s
more
or
less
impossible
that
Judge
Foglietta
will
schedule
a
hearing
and
enjoin
Musk
by
election
day.
And
so
Musk’s
gambit
to
delay
the
case
with
a
pointless
field
trip
to
the
Eastern
District
of
Pennsylvania
appears
to
have
worked.

Now
we
get
to
wait
and
see
whether
he
was
able
to
buy
enough
Pennsylvania
voters
to
put
Trump
back
in
the
White
House.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

What Could the Election Mean for Data Interoperability? – MedCity News

When
Americans
step
into
the
voting
booth
(or
fill
out
their
mail-in
or
absentee
ballots),
many
will
be
aware
of
how
this
election
could
impact
healthcare
issues
like
abortion
rights
or
the
Medicare
trust.
But
the
vast
majority
won’t
realize
that
this
election
could
affect
healthcare
data
interoperability,
pointed
out

Arcadia

CEO
Michael
Meucci.

“I
don’t
think
that
the
average
American
understands
how
a
specific
administration’s
view
on
data
sharing
interoperability
directly
impacts
them,”
he
declared
last
week
during
an
interview
at
the

HLTH

conference
in
Las
Vegas.

For
example,
an
administration
that
is
supportive
of
open
data
sharing
could
lead
to
better
care
continuity,
improved
outcomes
and
lower
costs.
An
administration
that
has
a
more
restrictive
approach
to
data
sharing
may
do
a
better
job
of
addressing
some
Americans’
privacy
concerns,
but
it
could
also
lead
to
fragmented
care
and
slower
innovation
timelines,
Meucci
explained.

When
it
comes
to
healthcare
data
interoperability,
there
is
common
ground
across
both
sides
of
the
aisle,
he
noted

both
presidential
candidates
agree
that
there
needs
to
be
more
government
action
to
curtail
anti-competitive
behavior
and
data
blocking.

But
they
might
not
see
eye-to-eye
on
how
to
go
about
this,
Meucci
noted.

“There’s
been
tremendous
progress,
in
my
eyes,
made
over
the
last
three
to
five
years
on
the
launch
of
the
quality
health
information
networks,
as
well
as
on

TEFCA
.
But
there’s
a
lot
of
work
still
to
do,”
he
explained. 

Meucci
said
that
many
healthcare
organizations
“have
built
a
lot
of
dependency”
on
federal
data
sharing
regulations
that
have
been
established
in
the
past
few
years

especially
provider
organizations
that
rely
on
these
measures
to
ensure
they
can
treat
their
patients
in
a
timely
manner.

“If
we
roll
that
back,
we
might
get
sent
back
to
the
drawing
board
of
how
to
drive
sustainable,
cost-effective
and
patient
centered
data
exchange,”
he
remarked.

He
added
that
there’s
no
guarantee
that
Kamala
Harris,
if
elected,
would
continue
to
advance
data
sharing
policies
that
require
healthcare
organizations
to
cooperate
with
each
other.
She
is
different
from
Joe
Biden,
but
“we
know
that
there
may
be
some
common
threads,”
Meucci
noted.

If
Donald
Trump
gets
elected,
his
administration
may
want
to
roll
back
some
of
these
data
sharing
requirements
in
the
name
of
smaller
government,
though
this
isn’t
certain,
he
said.

Looking
back
at
Trump’s
presidency,
there
was
“a
lot
of
focus
on
private
innovation
in
healthcare,”
Meucci
pointed
out.

“You
saw
that
with
the

DCE
contract
model
,
and
that
drove
a
bunch
of
private
investment
and
technology
innovation
in
healthcare.
I
think
that
on
a
very
optimistic
note,
I
actually
think
both
administrations
will
be
good
for
continued
healthcare
innovation,”
he
declared.


Photo:
LeoWolfert,
Getty
Images

‘Bezos Could Do For The Media What Musk Did For Free Speech,’ Says Law Professor Unironically – Above the Law

(Photo
by
David
McNew/Getty
Images)

Jonathan
Turley
had
a
broken
clock
moment
this
week
when
he
delved
into
the
debacle
unfolding
at
the
Washington
Post,
where
the
venerable
publication
is
hemorrhaging
subscribers
after
announcing
an
11th
hour
decision
to
shelve
an
editorial
endorsement

conveniently

after
Trump’s
people
chatted
with
executives
within
the
Jeff
Bezos
empire.
As
outraged
subscribers
fled
the
paper,

Bezos
penned
a
response

that
is,
correctly,
being
widely
mocked.
Turley
has
offered
Bezos
backup

with
a
Fox
News
post
,
writing
that
“Bezos
could
do
for
the
media
what
Musk
did
for
free
speech.”

Which
is
true!
Except
Turley
doesn’t
understand
that
this
is
a
damning
indictment.
So
maybe
it’s
not
a
true
broken
clock
moment.
Is
there
a
“wounded
clock”
concept?

What
does
it
even
mean
to
do
for
the
media
what
Musk
did
for
free
speech?
Because
Musk
has
used
his
resources
to
promote
a
brand
of
“free
speech
absolutism”
that
dangerously
undermines
the
concept
of
“free
speech”
as
understood
as
a
bedrock
principle
of
democratic
governance.

Free
speech
traditionally
means
preventing
government
barriers
to
expression,
allowing
the
marketplace
of
ideas
to
function
without
interference.
Good
ideas
rise
to
the
top,
bad
ideas
flounder.
Musk
has
deployed
his
resources
in
service
of
a
pernicious
trend
to
flip
“free
speech”
into
essentially,
affirmative
action
for
unpopular
views
(and
only

certain

unpopular
views,
mind
you).

It’s
the
same

authoritarian
articulation
of
“speech”
trafficked
by
certain
federal
judges
,
that
the
right
should
be
flipped
in
favor
of
obligating
the
government
(or
similarly
situated
authorities)
to
promote
unpopular
speakers
and
crack
down
on
protest
or
criticism.

To
Turley’s
point
about
“what
Musk
did
for
free
speech,”
the
billionaire
purchased
one
of
the
largest
social
media
platforms
and
proceeded
to
watch

racial
slurs
explode
on
the
site
,
right-wing
messaging

go
increasingly
(and…
algorithmically?)
viral
,
and

white
supremacist
messaging
appear
next
to
trusted
brand
advertisements
.
Musk’s
tweeted
himself

about
the
Great
Replacement
Theory
!

Which
is
all
certainly
within
Musk’s
rights
as
the
proprietor
of
a
private
company.
He
can
do
what
he
wants
and
deal
with
the
consequences.
Though
he
seems
unwilling
to
do
so,
which
is
why
he’s
filed
a
federal
lawsuit
complaining
that
big,
respected
brands
aren’t
giving
him
advertising
dollars
anymore.
Again,
this
is
free
speech
backwards.

Musk
and
his
fanboy
Turley
suggesting
that
a
private
entity
openly
promoting
fringe
ideas
is
a
“victory”
of
some
kind
for
free
speech
gets
it
all
wrong.
That’s
like
reading

Skokie

and
thinking
the
moral
was
“it’s
good
that
there
are
Nazis.”
There’s
no
intrinsic
value
in
being
unpopular.

That’s
incel
thinking.

It’s
also
exactly
why
Turley
sees
connections
between
Bezos
and
Musk:

I
used
to
write
regularly
for
the
Post,
and
I
wrote
in
my
new
book
about
the
decline
of
the
newspaper
as
part
of
the
“advocacy
journalism”
movement:
“Our
profession
is
now
the
least
trusted
of
all.
Something
we
are
doing
is
clearly
not
working.”

It’s
telling
that
someone
paid
to
be
a
law
professor
describes
banging
out
opinion
columns
for
newspapers
as
“our”
profession.
Though
he’s
not
alone
in
that.
From
the
Bezos
response
piece:

In
the
annual
public
surveys
about
trust
and
reputation,
journalists
and
the
media
have
regularly
fallen
near
the
very
bottom,
often
just
above
Congress.
But
in
this
year’s
Gallup
poll,
we
have
managed
to
fall
below
Congress.
Our
profession
is
now
the
least
trusted
of
all.
Something
we
are
doing
is
clearly
not
working.

You’re
also
not
a
journalist,
dude.
What’s
with
all
the
stolen
valor?
You
boys
ever
been
working
for
a
local
paper
in
Topeka
waiting
on
a
source
to
call
back
and
confirm
while
a
deadline
looms?

“Our”…
get
outta
here
with
that
noise.

Turley
continues:

Washington
Post
publisher
and
CEO
William
Lewis
promptly
delivered
a
truth
bomb
in
the
middle
of
the
newsroom
by
telling
the
staff,
“Let’s
not
sugarcoat
it…
We
are
losing
large
amounts
of
money.
Your
audience
has
halved
in
recent
years.
People
are
not
reading
your
stuff.
Right?
I
can’t
sugarcoat
it
anymore.”

Lewis
is
full
of
shit.
The
audience
for
legacy
media
undoubtedly
shrunk
as
cable
media
expanded
and
then
went
into
something
of
a
free
fall
as
social
media
created
a
whole
new
ecosphere
of
short
clips
and
independent
news
(or
fake
news)
regurgitators.
When
everyone
gets
their
news
from
a
Facebook
post
with
a
short
Newsmax
clip
featuring
a
story
from
some
right-wing
Substack…
yeah,
the
national
newspapers
are
going
to
suffer.

BUT
when
he
says
“We
are
losing
large
amounts
of
money”
it’s
not
an
audience
issue,
it’s
an
advertising
issue.
The
only
reason
Jeff
Bezos
owns
the
Post
is
that
the
Graham
family
couldn’t
overcome
the
loss
of
advertising
revenue
that
followed
Google
cornering
the
market
on
digital
ads.

THERE’S
A
WHOLE
FEDERAL
CASE
ABOUT
IT
RIGHT
NOW!

Lewis,
a
Rupert
Murdoch
acolyte,
clings
to
the
belief
that
brought
the
Murdoch
empire
so
much
success
in
past
decades:
if
you
trash
it
up
and
appeal
to
the
lowest
common
denominator,
good
things
happen!

But
those
days
are
gone.
The
Washington
Post
isn’t
going
to
get
a
million
more
subscribers
by
turning
it
into
The
Sun.
And
even
if
it
did,
it’s
not
closing
its
revenue
shortfall
without
advertisers
coming
back.

And
you
know
why
advertisers
might
not
come
back
(even
aside
from
Google
being
a
more
efficient
advertising
play)?
BECAUSE
THEY
DON’T
WANT
TO
BE
ASSOCIATED
WITH
THAT
CONTENT.

Maybe

that’s

how
Bezos
will
do
for
media
what
Musk
did:
piss
off
all
the
advertisers!

Fox
News
built
its
advertising
bundle
on
reverse
mortgages
and
erection
pills.
There’s
not
enough
of
that
to
go
around,
and
the
audience
that
might
want
to
buy
the
Washington
Post
isn’t
the
audience
those
advertisers
want
anyway.

Anyway,
Turley
has
a
different
theory:

He
could
create
a
bulwark
against
advocacy
journalism
in
one
of
the
premier
newspapers
in
the
world.
Students
in
“J
Schools”
today
are
being
told
to
abandon
neutrality
and
objectivity
since,
as
former
New
York
Times
writer
(and
now
Howard
University
journalism
professor)
Nikole
Hannah-Jones
has
explained, “all
journalism
is
activism
.”

Interesting
that
Turley
snidely
dismisses
the
critique
of
“objective
journalism”
by
quoting
a
notable
Black
woman
in
the
field.
Almost
as
though
he
wants
to
dress
up
the
notion
in
racist,
misogynist
baggage.
In
fact,
the
clear-eyed
critique
of
the
industry’s
flawed
reliance
on
contrived
objectivism
goes
back
much
further.
To
quote
an
esteemed
Doctor
of
Journalism
covering
the
1972
election
(who
was
also
a
white
guy
to
the
extent
Turley’s
audience
would
care):

Some
people
will
say
that
words
like
scum
and
rotten
are
wrong
for
Objective
Journalism—which
is
true,
but
they
miss
the
point.
It
was
the
built-in
blind
spots
of
the
Objective
rules
and
dogma
that
allowed
Nixon
to
slither
into
the
White
House
in
the
first
place.
He
looked
so
good
on
paper
that
you
could
almost
vote
for
him
sight
unseen.
He
seemed
so
all-American,
so
much
like
Horatio
Alger,
that
he
was
able
to
slip
through
the
cracks
of
Objective
Journalism.
You
had
to
get
Subjective
to
see
Nixon
clearly.

The
blindspots
that
Hunter
S.
Thompson
outlines
have
grown
more
pronounced
with
time.
It’s
how
Trump’s
remarks
get
routinely
“sanewashed”
into
something
vaguely
resembling
a
policy
rather
than
directly
quoting
insane
ramblings
about
how

Democrats
are
banning
windows
and
cows
.
Media
that
won’t
call
out
that
one
candidate
is
batshit
insane
for
fear
of
reprisal

that

does
a
lot
more
to
erode
its
credibility.

Few
can
stand
up
to
this
movement
other
than
a
Bezos
or
a
Musk.
However,
the
left
has
long
created
their
own
monsters
by
demanding
absolute
fealty
or
unleashing
absolute
cancel
campaigns.
Simply
because
Bezos
wants his
newspaper
to
restore
neutrality,
 the
left
is
calling
for
a
boycott
of
not
just
the
Post
but
all
of
his
companies.
That
is
precisely
what
they
did
with
Musk.

You
know…
a
“cancel
campaign”
sounds
a
whole
lot
like
free
speech.

Turley
here
is
really
arguing
that
billionaires
should
use
unchecked
market
power
to
force
citizens
to
accept
viewpoints
they
otherwise
would
disagree
with.
Presumably
Turley’s

principled

stance
would
be
the
same
when
evangelicals
boycott
Disney
for
accepting
gay
people
as
human
beings.
Spoiler:
he
thought

consumers

should

punish
Disney
for
its
political
stance
.

James
Clavell
wrote
a
cautionary
tale
called
The
Children’s
Story
back
in
the
60s.
Clavell
imagined
a
classroom
transformed
into
servants
of
a
totalitarian
invader
simply
by
cleverly
twisting
the
words
of
the
Pledge
of
Allegiance.
Basically,
he
warned
that
empty
patriotic
pablum
lights
an
easy
path
to
authoritarianism.
I
think
about
that
story
whenever
these
free
speech
debates
come
up.
When
guys
like
Turley
take
a
civic
virtue
and
cynically
contort
the
language
around
it,
play
on
our
reverence
for
the
concept,
and
then
twist
it
all
into
calls
for
billionaires
to
stifle
dissent
and
schools
to
punish
picketers,
it
moves
the
country
a
little
closer
to
the
brainwashed
kids
at
the
end
of
that
Clavell
story.

Anyway,
Bezos

could

do
for
the
media
what
Musk
did
for
“free
speech.”
Hopefully
he
doesn’t.




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