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

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'Pulling an Alvin Bragg': Left-wing DA's 'flimsy' suit against Elon Musk's M 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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PHILADELPHIA DA LARRY KRASNER IMPEACHED BY PENNSYLVANIA LAWMAKERS IN GOP-LED EFFORT: ‘CRISIS OF CRIME’

Philadelphia District Attorney Larry Krasner, shown in January 2024, filed a lawsuit Monday against Elon Musk, claiming Musk’s super PAC is “running an illegal lottery in Philadelphia” and across the state. (AP Photo/Matt Rourke)

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. 

HERE’S HOW ELON MUSK’S $1M A DAY GIVEAWAY TO BATTLEGROUND VOTERS WORKS

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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. 

Elon Musk speaks before former President Trump at a campaign rally at Madison Square Garden, Sunday, Oct. 27, 2024, in New York. (AP Photo/Evan Vucci)

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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ELON GOES ON CAMPAIGN BLITZ AGAINST GOVERNMENT REGULATIONS, VOWS TO REVEAL BIZARRE ALLEGED SCHEMES

“​​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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PENNSYLVANIA SUPREME COURT DEBATES FUTURE OF IMPEACHMENT TRIAL FOR PHILADELPHIA PROSECUTOR LARRY KRASNER

Elon Musk speaks during a campaign town hall in support of former President Trump in Folsom, Pennsylvania, Oct. 17, 2024. (AP Photo/Matt Rourke)

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.”

Elon Musk and Philadelphia DA Larry Krasner (Craig T Fruchtman/Matthew Hatcher/AFP)

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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FAR-LEFT PHILADELPHIA DA LARRY KRASNER’S COMPANY OWES $86,000 IN UNPAID TAXES

“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.

Musk endorsed Trump in July, and recently joined him on the campaign trail to rally support for his re-election bid. (Michael Ciaglo/Getty Images)

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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WIDOW OF SLAIN PHILADELPHIA POLICE OFFICER BLAMES PROGRESSIVE POLICIES OF DA LARRY KRASNER FOR HUSBAND’S DEATH

“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. 

District Attorney Larry Krasner speaks during a news conference in Philadelphia, on Jan. 31, 2022. (AP Photo/Matt Rourke, File)

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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.”

PHILADELPHIA’S FORMER DEMOCRATIC MAYOR SLAMS SOROS-FUNDED DA FOR REFUSING TO CALL MURDER SURGE A ‘CRISIS’

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.”

Vice President Kamala Harris and Pennsylvania Gov. Josh Shapiro speak to the press while making a stop at the Reading Terminal Market in Philadelphia on July 13, 2024. (Ryan Collerd/AFP via Getty Images)

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“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.

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“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.”

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New York

Can a Second-Home Tax Work in New York? The Numbers Don’t Add Up Yet.

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Can a Second-Home Tax Work in New York? The Numbers Don’t Add Up Yet.

A push to tax multimillion-dollar second homes in New York City has been billed by Gov. Kathy Hochul and Mayor Zohran Mamdani as a civic mandate for the ultrawealthy to contribute more to society.

But as leaders in the State Capitol seek to incorporate the tax proposal into the state budget, the lofty rhetoric has been undermined by confusing information flowing from Ms. Hochul’s office about how such a tax would work.

The problems start with the numbers and the math.

To raise $500 million for the city, Ms. Hochul initially said the so-called pied-à-terre tax would apply to 13,000 homes, a number that her staff pulled from a 2023 report by the city comptroller. Now, aides to Ms. Hochul are saying that the 13,000 figure was an early estimate requiring more analysis and was subject to change.

The governor’s team had first said the tax would be based on second homes with an assessed value of $5 million or more. But there is very little correlation between a property’s assessed value — a specific and complex measure calculated as part of the property valuation process — and actual market value.

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The city does not use sales comparisons or recent listings to value condos and co-ops. Under a state law passed in the 1980s, the city is required to compare the units to rentals of similar size and age, assessed on the potential income that rental might bring in. There are not great rental comparisons for the highest-end condos and co-ops, dragging down their assessments; in some cases, these condo buildings are even compared to rental buildings with rent-regulated units.

An analysis of city records conducted by Marketproof, a real estate data analysis firm, found just three residential properties in New York City with assessed values of $5 million or more.

One of the three was the notoriously expensive penthouse bought in 2019 by the billionaire financier Kenneth Griffin for $238 million.Its assessed value, according to city records, is just under $7 million. Another condo, on the 57th floor of another Midtown luxury building, sold in December for more than $21 million, but it has an assessed value of around $1.3 million.

Jennifer Goodman, a spokeswoman for the governor, declined to offer specifics about the pied-à-terre tax proposal, saying this week that they were still being negotiated. The governor’s office said that they had wrongly described at first how the tax might work, and it is not going to be based solely on the assessed value of properties.

Instead, Ms. Goodman said, apartments subject to the tax would be determined by “a model that captures properties worth over $5 million through the use of various mechanisms such as comparable sales data where applicable.”

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That raises another set of problems, as there is no official and consistent measure of how much properties in New York City may actually be worth on the market.

Building that kind of information is possible, but has not typically been done before by the city, said Kael Goodman, the president and chief executive of Marketproof.

“To get from doable on a technical basis, to doable on a practical basis — those two things are not the same,” Mr. Goodman said.

To demonstrate how such a tax could work, Marketproof created its own model analyzing more than 1.14 million tax parcels. Since there’s currently no official way to tell if a particular unit is a pied-à-terre, the company used a proxy: the subset of properties where the property tax bill was sent to a different address, indicating the owner didn’t live in the unit.

Then it looked at transactions recorded in city property records to find the units with market values over $5 million.

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Marketproof estimates about 6,380 properties would be affected.

That analysis shows that certain well-known features of the city skyline, many clustered around Central Park — Central Park Tower, 432 Park Avenue, One57, 220 Central Park South, 15 Central Park West — would be potentially subject to the tax surcharge, representing huge sources of revenue for the city. The 280 units in just those five buildings might owe more than $100 million in taxes annually.

Still, it may be challenging to make this all work. Unlike many suburban cities and neighborhoods, where it is relatively easy to find the market value of single-family homes based on comparable sales on any given street, it’s difficult to compare values across condos and co-ops.

“That would be crossing a gap not previously crossed,” Mr. Goodman said. “That would be opening up a conversation among property owners that previous government officials have been unable to have a successful conversation about. They’ve just been unsuccessful in doing it because it’s way too complicated.”

It’s not clear whether the state or the city would have the capacity to come up with these valuations every year, and how public officials would deal with the expected legal challenges to any valuations.

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A report about the tax released on Thursday by the New York City comptroller, Mark Levine, found that the city Finance Department would most likely have to audit property owners’ claims about who lives or doesn’t live in any apartment. The report noted that “lapses” in the auditing capacity and accuracy “would reduce revenues and multiply taxpayers’ appeals and lawsuits.”

The report also said that it might be difficult to categorize condos and co-ops that were owned by out-of-towners but were being rented out to city residents, or units that were owned by limited liability companies or trusts, among other potential pitfalls.

“Each of these decisions can shift collections by tens of millions of dollars,” the report said.

So far, those details remain murky, even with senior city administration officials meet daily with state leaders, according to City Hall.

A senior aide to the governor said that state officials were not overly concerned about the complexities of determining market values. Negotiations were continuing over how much of the specific methodology would be written into the legislation, or decided later by the city.

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A bigger concern, the aide said, was how officials would determine whether any given property was being used as a second home.

The negotiations come as Mr. Mamdani and other elected officials clamor for Ms. Hochul to increase taxes to fund an expanded safety net and help the city close a multibillion-dollar deficit. A coalition of powerful unions, including several that endorsed the governor’s re-election campaign, has also signed on, sending a letter last week to her and legislative leaders pleading for tax hikes on the wealthy.

On Tuesday, Mr. Mamdani and his sometimes political adversary, Council Speaker Julie Menin, said they would delay announcing an update to the city budget so they could jointly push for the state to reduce a tax credit that primarily benefits wealthy business owners, which they said could end up raising a billion dollars in revenue for the city.

Both this plan and the second-home tax proposal would need to be included in the state budget, which is still be negotiated and is now a month overdue. Ms. Hochul remains committed to the tax on second homes, but appeared unlikely to support other new taxes.

“Hochul is running out of excuses to not tax the rich in her final budget,” said Grace Mausser, a co-chair of the New York chapter of the Democratic Socialists of America.

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The D.S.A. is a close ally of Mr. Mamdani, who is a member, and both have aggressively called on the city’s wealthiest businesses and residents to shoulder a heavier burden. They have even named specific billionaires like Mr. Griffin, who they say are a drain on the city and its finances.

Mr. Griffin, who has spent close to $95 million on real estate purchases in the city since the beginning of 2025, pushed back on these assertions, saying his companies and activity creates tens of thousands of jobs for the city.

“You can win political points by making an example of Ken Griffin, and they seem to have done that. Kudos to them for winning some political points,” Mr. Goodman said. “But achieving the tax goals is a different thing.”

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Boston, MA

Boston May Fair 2026 opening times as ‘iconic’ attraction returns

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Boston May Fair 2026 opening times as ‘iconic’ attraction returns


A fair that attracts thousands of visitors every year will officially open later in Boston.

The May Fair is “one of the country’s most iconic and historic street fairs”, Boston Borough Council said.

The event, featuring attractions, rides and games, will be held in the town centre until 9 May.

Dale Broughton, leader of the council, said: “The Boston May Fair is one of our town’s most treasured traditions, and welcoming it back once again is something we look forward to all year.”

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Pittsburg, PA

Who has the Best NFL City in America? Voting now underway until May 11

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Who has the Best NFL City in America? Voting now underway until May 11


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Pittsburgh has another opportunity to prove its passion for football, now that the 2026 NFL Draft is over.

The Steel City is among the nominees for “Best NFL City” in the USA Today Sports Readers’ Choice Awards, a new nationwide contest modeled after the media company’s successful 10BEST Readers’ Choice Awards program.

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Public voting will decide who gets the bragging rights from the slate of 20 nominees, which also includes Philadelphia, Baltimore and Cincinnati, by the way.

In addition to choosing the Best NFL City, voters can select their favorites in three other categories: Best College Baseball Stadium, Best Local Sports Bar and Best Sports Bar.

One vote per person, per day will be accepted in each category, and voting ends at noon on May 11. The top 10 winners in each category will be announced on May 20.

USA Today, the Beaver County Times and the Somerset Daily American are owned by the USA Today Co. media company.



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