Criminal Complaint Filed Against Elon Musk

WASHINGTON - Oct. 21, 2024 - PRLog -- A formal criminal complaint has been filed against Elon Musk and his America PAC charging both with multiple violations of 52 U.S.C. 10307(c) which provides for a penalty of "imprisoned not more than five years."

This federal criminal statute mandates that "Whoever knowingly or willfully . . .  pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both . . . this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President . . . [emphasis added]

Although not mentioned in the complaint, there appear to be several state criminal statutes which may also have been violated by the same conduct, thereby giving rise to possible additional investigation and criminal charges.

The complaint cites several instances where Musk has offered to pay - or, indeed, has already paid - persons who register to vote in so-called battleground states, and charges that it contains "far more than mere probable cause to open a formal criminal investigation of Elon Reeve Musk, and that the information linked above probably provides enough evidence to convict Elon Reeve Musk of several violations of 52 U.S.C. 10307(c)."

The formal legal complaint was filed with Attorney General Merrick Garland, the Criminal Division of the Department of Justice; and Principal Deputy Assistant General for the Criminal Division Nicole M. Argentier, by public interest law professor John Banzhaf.

It was Banzhaf's formal legal complaint which triggered the criminal investigation in Georgia which led to the indictment of former president Donald Trump on multiple felony counts.  The activist law professor also played a role in having former president Richard Nixon investigated by special prosecutors.

At least two other law professors, as well as many lay analysts, support Banzhaf's legal analysis.

Professor Derek Muller, an election law expert who teaches at Notre Dame Law School, explained (https://www.cnn.com/2024/10/20/politics/elon-musk-voter-g...):  "When you start limiting prizes or giveaways to only registered voters or only people who have voted, that's where bribery concerns arise . .  By limiting a giveaway only to registered voters, it looks like you're giving cash for voter registration. . ." [emphasis added]

Richard L. Hasen, a law professor at the University of California, agrees, noting (https://www.thedailybeast.com/expert-rips-elon-musks-clea...):"though maybe some of the other things Musk was doing were of murky legality, this one is clearly illegal." [emphasis added]

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