Instead, attorney Chris Gober argued that the money, given every day since early October to a registered voter in a battleground state who signed a pledge to uphold the First and Second Amendments to the Constitution, is a salary that recipients supposedly “earn” to be spokespersons for the Constitution PAC. The recipients, registered to vote in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania or Wisconsin, are not chosen at random but are chosen based on their personal story and “fitness to serve,” Gober said.

“The $1 million recipients were not chosen by chance,” Gober said said. “We know exactly who will be announced as the recipient of $1 million today and tomorrow.”

In response, attorneys for the Philadelphia District Attorney’s Office did just that sue Musk and the PAC for Operating an Illegal Lottery in the Keystone State argued that this was a “full admission of liability,” especially since Musk said when he first announced the competition that the recipients would be chosen ‘randomly’. To make their point explicit, the attorneys for the prosecution showed Musk’s statement to the judge. In response, Gober tried to make the argument that “random” and “accidental” are two different things, in his case that Musk’s giveaway is not an illegal lottery.