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Column: Elon Musk's voter lottery looks illegal. Too bad he'll probably get away with it

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Column: Elon Musk's voter lottery looks illegal. Too bad he'll probably get away with it

Elon Musk’s voter registration lottery scheme is too cute by half and probably illegal. It also illustrates why violations of election law often go unpunished.

Musk announced last weekend that he would award $1 million a day until the election to a randomly selected registered Pennsylvania voter who signs a petition professing support for the 1st and 2nd Amendments. He has already bestowed the first few checks and expanded the sweepstakes to signers from the other key electoral battlegrounds, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina.

Now why would the world’s richest man concoct such a strangely designed game of chance and dangle instant-millionaire status before registered voters? Is he that gratified by attestations of support for the first fifth of the Bill of Rights — though only in swing states and only until the election?

Musk’s game is plainly to harvest new voters for Donald Trump. Both Trump’s campaign and Kamala Harris’ are spending millions of dollars daily in their desperate efforts to persuade and motivate the voters who might tip the apparently deadlocked race. Musk thinks he has hit on a novel and clever way to use his own vast riches to entice voters more directly.

Maybe he has, but his creative method also appears to be illegal. The rub is that he may well get away with it.

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Federal law makes it a felony to pay anyone to register to vote, codifying the bedrock principle that people should exercise the franchise based on their free will rather than the purchasing power of a candidate or interest group. The law arose partly because of organized efforts to pay eligible voters to register.

Musk’s ham-handed scheme is designed to induce new registrations of voters who are likely to vote for Trump while appearing to comply with the law. Indeed, it seems likely to appeal to the sort of coveted potential swing-state voter who may not have registered or consistently cast a ballot in past elections. All they have to do to get a shot at a life-changing payout is register — which state and federal law rightly make very easy — and sign Musk’s phony-baloney petition.

The enticement doesn’t ensure that the signers will vote — or that they will vote for Trump — and they may already be registered. But that shouldn’t obscure what the lottery clearly does achieve.

First, it provides something of value to everyone who plays, even if all but one contestant walks away empty-handed. That’s why lottery tickets aren’t free: The chance to make a million has some small value and is often treated as more valuable than it really is.

Second, it induces new voter registrations — imperfectly, yes, but perhaps as or more efficiently than, say, a supermarket registration drive. So what if some of the signers were already registered or or end up failing to vote? Musk and Trump don’t care about those people or whether they go home with checks. What matters is that in the process, unregistered people will have registered. And while it’s conceivable that the contest will produce a few previously unregistered Harris voters, the people who register and sign the petition are more likely to vote for the former president.

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The Department of Justice has reportedly sent a letter to Musk’s super PAC, which administers the scheme, advising that it may be illegal. Most law-abiding campaigns would be alarmed by such a shot across the bow. Trump and Musk, however, are more likely to laugh it off.

They may have time and circumstances on their side. In practice, it’s often difficult to stop election law violations in the limited time remaining before the voting concludes, after which it’s effectively too late.

The barriers to law enforcement here are typical of election matters. To begin with, while every voter in the state (or every Harris voter) is arguably harmed by the scheme to manipulate the electorate, it would be difficult to find someone to bring a claim against Musk. The Supreme Court has found that a “generalized grievance” that applies equally to every voter can’t confer the necessary legal standing.

The Department of Justice could sue Musk’s PAC and seek an injunction directing it to cease any unlawful behavior. And it might. But the department’s letter was sent days ago without public comment, and its reported warning that the lottery may be illegal isn’t likely to petrify scofflaws such as Musk and Trump. And it’s well-known that the department is habitually hesitant to do anything that could be perceived as interfering with an election.

Even if the department did secure an injunction, there would be no way to undo the new registrations of likely Trump voters that Musk already has stitched up. The same would be true if the department leveled federal criminal charges against the PAC, the prospects of which are remote for that and other reasons.

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That turns out to be a common feature of election law. Remember the notorious butterfly ballot that inadvertently diverted more than 2,000 Floridians’ votes from Al Gore to Pat Buchanan in 2000, more than enough to change the result in George W. Bush’s favor? By the time it became clear that so many voters had been misled, there was nothing to be done.

With the coming election looking even tighter in the polls than the last two, the parties and the country have reason to obsess over tens or hundreds of votes in the swing states that will pick the next president. But elections are inevitably imperfect. Absent extraordinary vigilance and in many cases notwithstanding it, the election could turn on freakish events or even the fruits of a probably criminal scheme.

Harry Litman is the host of the “Talking Feds” podcast and the “Talking San Diego” speaker series. @harrylitman

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Trump administration touts ‘most secure border in history’ as 2.5 million migrants exit US

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Trump administration touts ‘most secure border in history’ as 2.5 million migrants exit US

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The Department of Homeland Security (DHS) said Friday that more than 2.5 million illegal immigrants have left the United States since President Donald Trump returned to office this year, citing a sweeping immigration crackdown that it says led to the “most secure border in American history.”

In a year-end report highlighting the agency’s accomplishments, DHS claimed that illegal border crossings plunged 93% year-over-year, fentanyl trafficking was cut in half, and hundreds of thousands of criminal illegal immigrants were either arrested or deported, amounting to a dramatic shift from the Biden administration.

“In less than a year, President Trump has delivered some of the most historic and consequential achievements in presidential history—and this Administration is just getting started,” Homeland Security Secretary Kristi Noem said in a statement. “Under President Trump’s leadership, we are making America safe again and putting the American people first. In record-time we have secured the border, taken the fight to cartels, and arrested thousands upon thousands of criminal illegal aliens.”

EXCLUSIVE: MILLIONS OF ILLEGAL IMMIGRANTS LEAVE US IN RECORD-BREAKING YEAR UNDER TRUMP POLICIES, DHS SAYS 

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U.S. Secretary of Homeland Security Kristi Noem said Friday that President Donald Trump “has delivered some of the most historic and consequential achievements in presidential history” since he took office on Jan. 20. (Anna Moneymaker/Getty Images)

While Trump’s first year back in office was “historic,” the administration “won’t rest until the job is done,” Noem added.

Of the 2.5 million illegal immigrants that left the country since Trump took office on Jan. 20, an estimated 1.9 million self-deported and more than 622,000 were deported, according to DHS.

The Trump administration has encouraged anyone living in the United States illegally to return to their native countries using the Customs and Border Protection (CBP) Home Mobile App, which allows users to claim a complimentary plane ticket home and a $1,000 exit bonus upon their return.

BIDEN ADMIN MARKED ILLEGAL IMMIGRANT, ALLEGED MURDERER AS ‘NON-ENFORCEMENT PRIORITY,’ DHS REVEALS

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United States Customs and Border Protection sent boats to the Chicago River amid “Operation Midway Blitz” on Thursday, Sept. 25, 2025.  (Chicago Tribune/Getty Images)

CBP seized nearly 540,000 pounds of drugs this year, almost a 10% increase compared to the same time frame in 2024, DHS said, adding that the U.S. Coast Guard has retrieved roughly 470,000 pounds of cocaine, or enough to kill 177 million people.

Taxpayers have been saved more than $13 billion at DHS, the agency said, noting that several agencies, including the Federal Emergency Management Agency (FEMA), Cyber and Infrastructure Security Agency (CISA), and the Secret Service have returned “to their core missions.”

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Secretary of Homeland Security Kristi Noem touted the progress made during President Trump’s first year back in office. (Anna Moneymaker/Getty Images)

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Secretary Noem awarded $10,000 bonuses earlier this year to TSA officers and personnel who displayed exemplary service, overcame hardships, and displayed the utmost patriotism during the 43-day government shutdown.

DHS touted the administration’s achievements, asserting that “countless lives have been saved” this year and “the American people have been put first again.”

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Justice Department releases Epstein files, with redactions and omissions

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Justice Department releases Epstein files, with redactions and omissions

The Justice Department released a library of files on Friday related to Jeffrey Epstein, partially complying with a new federal law compelling their release, while acknowledging that hundreds of thousands of files remain sealed.

The portal, on the department’s website, includes videos, photos and documents from the years-long investigation of the disgraced financier and convicted sex offender, who died in federal prison in 2019. But upon an initial survey of the files, several of the documents were heavily redacted, and much of the database was unsearchable, in spite of a provision of the new law requiring a more accessible system.

The Epstein Files Transparency Act, which passed with overwhelming bipartisan support in Congress, unequivocally required the department to release its full trove of files by midnight Friday, marking 30 days since passage.

But a top official said earlier Friday that the department would miss the legal deadline Friday to release all files, protracting a scandal that has come to plague the Trump administration. Hundreds of thousands more were still under review and would take weeks more to release, said Todd Blanche, the deputy attorney general.

“I expect that we’re going to release more documents over the next couple of weeks, so today several hundred thousand and then over the next couple weeks, I expect several hundred thousand more,” Blanche told Fox News on Friday.

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The delay drew immediate condemnation from Democrats in key oversight roles.

Rep. Robert Garcia (D-Long Beach), the ranking member of the House Oversight Committee, and Rep. Jamie Raskin (D-Md.), the ranking member of the House Judiciary Committee, accused President Trump and his administration in a statement Friday of “violating federal law as they continue covering up the facts and the evidence about Jeffrey Epstein’s decades-long, billion-dollar, international sex trafficking ring,” and said they were “examining all legal options.”

The delay also drew criticism from some Republicans.

“My goodness, what is in the Epstein files?” Rep. Marjorie Taylor Greene (R-Ga.), who is leaving Congress next month, wrote on X. “Release all the files. It’s literally the law.”

“Time’s up. Release the files,” Rep. Thomas Massie (R-Ky.) wrote on X.

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Already, congressional efforts to force the release of documents from the FBI’s investigations into Epstein have produced a trove of the disgraced financier’s emails and other records from his estate.

Some made reference to Trump and added to a long-evolving portrait of the social relationship that Epstein and Trump shared for years, before what Trump has described as a falling out.

In one email in early 2019, during Trump’s first term in the White House, Epstein wrote to author and journalist Michael Wolff that Trump “knew about the girls.”

In a 2011 email to Ghislaine Maxwell, who was later convicted of conspiring with Epstein to help him sexually abuse young girls, Epstein wrote, “I want you to realize that the dog that hasn’t barked is trump. [Victim] spent hours at my house with him … he has never once been mentioned.”

Maxwell responded: “I have been thinking about that…”

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Trump has strongly denied any wrongdoing, and downplayed the importance of the files. He has also intermittently worked to block their release, even while suggesting publicly that he would not be opposed to it.

His administration’s resistance to releasing all of the FBI’s files, and fumbling with their reasons for withholding documents, was overcome only after Republican lawmakers broke off and joined Democrats in passing the transparency measure.

The resistance has also riled many in the president’s base, with their intrigue and anger over the files remaining stickier and harder to shake for Trump than any other political vulnerability.

It remained unclear Friday afternoon what additional revelations would come from the anticipated dump. Among the files that were released, extensive redactions were expected to shield victims, as well as references to individuals and entities that could be the subject of ongoing investigations or matters of national security.

That could include mentions of Trump, experts said, who was a private citizen over the course of his infamous friendship with Epstein through the mid-2000s.

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Epstein was convicted in 2008 of procuring a child for prostitution in Florida, but served only 13 months in custody in what was considered a sweetheart plea deal that saved him a potential life sentence. He was charged in 2019 with sex trafficking, and died in federal custody at a Manhattan jail awaiting trial. Epstein was alleged to have abused over 200 women and girls.

Many of his victims argued in support of the release of documents, but administration officials have cited their privacy as a primary excuse for delaying the release — something Blanche reiterated Friday.

“There’s a lot of eyes looking at these and we want to make sure that when we do produce the materials we are producing, that we are protecting every single victim,” Blanche said, noting that Trump had signed the law just 30 days prior.

“And we have been working tirelessly since that day to make sure that we get every single document that we have within the Department of Justice, review it and get it to the American public,” he said.

Trump had lobbied aggressively against the Epstein Files Transparency Act, unsuccessfully pressuring House Republican lawmakers not to join a discharge petition that would force a vote on the matter over the wishes of House Speaker Mike Johnson (R-La.). He ultimately signed the bill into law after it passed both chambers with veto-proof majorities.

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Rep. Ro Khanna (D-Fremont), who introduced the House bill requiring the release of the files, warned that the Justice Department under future administrations could pursue legal action against current officials who work to obstruct the release of any of the files, contravening the letter of the new law.

“Let me be very clear, we need a full release,” Khanna said. “Anyone who tampers with these documents, or conceals documents, or engages in excessive redaction, will be prosecuted because of obstruction of justice.”

Given Democrats’ desire to keep the issue alive politically, and the intense interest in the matter from voters on both ends of the political spectrum, the fact that the Justice Department failed to meet the Friday deadline in full was likely to stoke continued agitation for the documents’ release in coming days.

In their statement Friday, Garcia and Raskin hammered on Trump administration officials — including Atty. Gen. Pam Bondi — for allegedly interfering in the release of records.

“For months, Pam Bondi has denied survivors the transparency and accountability they have demanded and deserve and has defied the Oversight Committee’s subpoena,” they said. “The Department of Justice is now making clear it intends to defy Congress itself.”

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Among other things, they called out the Justice Department’s decision to move Maxwell, who is serving a 20-year sentence for sex trafficking, to a minimum security prison after she met with Blanche in July.

“The survivors of this nightmare deserve justice, the co-conspirators must be held accountable, and the American people deserve complete transparency from DOJ,” Garcia and Raskin said.

Sen. Adam Schiff (D-Calif.), in response to Blanche saying all the files wouldn’t be released Friday, said the transparency act “is clear: while protecting survivors, ALL of these records are required to be released today. Not just some.”

“The Trump administration can’t move the goalposts,” Schiff wrote on X. “They’re cemented in law.”

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Video: Kennedy Center Board Votes to Add Trump to Its Name

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Video: Kennedy Center Board Votes to Add Trump to Its Name

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Kennedy Center Board Votes to Add Trump to Its Name

President Trump’s handpicked board of trustees announced that the John F. Kennedy Center for the Performing Arts would be renamed the Trump-Kennedy Center, a change that may need Congress’s approval.

Reporter: “She just posted on X, your press secretary, [Karoline Leavitt,] that the board members of the Kennedy Center voted unanimously to rename it the Trump-Kennedy Center. What is your reaction to that?” “Well, I was honored by it. The board is a very distinguished board, most distinguished people in the country, and I was surprised by it. I was honored by it.” “Thank you very much, everybody. And I’ll tell you what: the Trump-Kennedy Center, I mean —” [laughs] “Kennedy Center — I’m sorry. I’m sorry.” [cheers] “Wow, this is terribly embarrassing.” “They don’t have the power to do it. Only Congress can rename the Kennedy Center. How does that actually help the American people, who’ve already been convinced that Donald Trump is not focused on making their life better? The whole thing is extraordinary.”

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President Trump’s handpicked board of trustees announced that the John F. Kennedy Center for the Performing Arts would be renamed the Trump-Kennedy Center, a change that may need Congress’s approval.

By Axel Boada

December 19, 2025

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