Elon Musk’s attempt to move to federal court a lawsuit challenging his $1 million daily giveaways to registered voters in swing states is a “poor decision,” former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Friday.

“They did that because they figure the prosecutor has a home-court advantage in front of a state judge who runs for office with him on the same ticket, and they know each other and they’re buddy-buddy, and he’s going to get a favorable outcome,” Napolitano said on “National Report.”

“But there’s a downside to this. Let’s say Musk loses. The judge will say you, ‘Can’t do this. You’ve got to conform with the lottery standards in Pennsylvania’ in a state court. If he loses in federal court, the federal judge can order him to comply with state lottery regulations throughout the entire country. So, they took a terrific chance, I think, a poor decision moving it to federal court.

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