News: POLITICO Florida Playbook: Waiting for the next legal battle with DeSantis

Wednesday, August 17, 2022

POLITICO Florida Playbook: Waiting for the next legal battle with DeSantis

Aug 17, 2022

Hello and welcome to Wednesday.

On the docket — It looks like today will be the next chapter in the seemingly never-ending legal battles against Gov. Ron DeSantis.

Next steps — Andrew Warren, the state attorney from Hillsborough County suspended by DeSantis earlier this month, is holding press conferences in both Tallahassee and Tampa with his legal team where he will discuss "developments" in his fight to be restored to office. DeSantis earlier this month removed Warren from office, citing, in part, his pledge that he would not prosecute people under Florida's new ban on abortions after 15 weeks of pregnancy.

Speaking out — Warren has made several television appearances since that time where he has blasted DeSantis for removing him. He also has defended his actions, saying in recent interviews that he would have still reviewed cases one-by-one.

'Illegal act' — Warren has been telegraphing that he will file some sort of legal challenge and he did so again on Tuesday. "If the Governor's attempt to unilaterally overturn an election is allowed to stand, it would threaten the integrity and outcome of elections throughout the state for years to come," said Warren in a statement. "The danger posed by this illegal act cannot be overstated."

What this means — This would bring a halt to any proceedings in the Republican-controlled Florida Senate to vote on the suspension since the Senate has generally waited to act until after legal challenges have played out.

Strategy — One question is whether Warren takes the somewhat risky path of going through state courts that have been deferential to the governor's power or file a lawsuit in federal court that contends DeSantis' order violated his civil rights, including his First Amendment rights. It's the federal courts that have witnessed a flurry of lawsuits the last few years over several of the governor's top priorities.

The DeSantis doctrine — DeSantis has continually defended his decision to suspend Warren, including on Sunday evening during his swing through Arizona where he campaigned for GOP candidates in that state. "We are not going to let some prosecutor be a law unto himself," DeSantis said. "If you don't like the law you can run for the Legislature. But you don't ignore the law."

Then there's this — Agriculture Commissioner Nikki Fried, during a gaggle with reporters on Tuesday following a campaign stop at a Tallahassee brewery, blasted the Warren suspension as dangerous and an overreach of the governor's authority.

WHERE'S RON? — Gov. DeSantis is holding a press conference in Pensacola with Education Commissioner Manny Diaz.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

... DATELINE TALLAHASSEE ...

TRACK RECORD — "Florida lawmakers could defy DeSantis in Andrew Warren case. They likely won't," by Tampa Bay Times' Kirby Wilson: "[Hillsborough County State Attorney Andrew] Warren is at least the 166th state or county official suspended by a Florida governor since 1999, according to records from the state Senate analyzed by the Tampa Bay Times. Out of those cases, the Senate overrode a gubernatorial suspension just once. Most suspensions do not even reach senators for a vote. In about 60% of the cases included in the analysis — which spans the entire run of recent Republican gubernatorial rule in Florida — suspended officials either resigned, had their terms expire or were voted out of office before the Senate weighed in."

'PROVIDE A PATHWAY' — DeSantis proposes measures to aid Florida's teacher shortage – next year, by POLITICO's Andrew Atterbury: Florida Gov. Ron DeSantis introduced a slate of proposals Tuesday aiming to improve the ongoing teacher shortage gripping Florida and the nation — plans the Republican governor intends to introduce next legislative session. DeSantis, who is running for reelection in November, wants to build on a budding state program granting benefits to military veterans who become educators by including first responders like police and firefighters and also launch a teacher apprenticeship program and new scholarship for high school teachers. Critics, meanwhile, say the governor is "lowering the bar" for prospective educators in the state by attempting to make it easier for some professions to score their teaching credentials.

CAMPAIGN MODE

ROAD SHOW — DeSantis won't say if 2020 was rigged. But he's campaigning for Republicans who do, by POLITICO's Gary Fineout: The governor's decision to help out several GOP nominees in other states comes during a relative slow period for his own reelection campaign, but it has added to ongoing speculation that he will run for president in 2024. The states where DeSantis has or will campaign include the key battleground states that will be vital if he mounts a White House bid. Unlike [Kari] Lake and [Doug] Mastriano, however, DeSantis has avoided repeating or amplifying unproven allegations of voter fraud even as Trump — a part-time Florida resident — has continued to dispute the 2020 election results. When asked by reporters whether the last presidential election was rigged, DeSantis has instead highlighted changes to election laws he has supported or simply changed the topic.

Doug Mastriano speaks at a rally.

Doug Mastriano speaks during a rally at Archery Addictions on May 13, 2022 in Lehighton, Pennsylvania. | Michael M. Santiago/Getty Images

'I WILL NEVER BE A DOG FOR YOU' — "Miami Rep. Bush III invokes 'Jim Crow-ism' against Sen. Pizzo in bizarre press conference ," by Miami Herald's Bianca Padró Ocasio: "Miami state Rep. James Bush III, who is in a contentious primary race, shot back against a fellow Democratic legislator on Tuesday over using words he said had racist undertones to describe his cozy relationship with Florida Republicans and Gov. Ron DeSantis. During an eventful press conference at The Historic Hampton House in Brownsville, Bush deflected accusations that he has sided with Republicans during key votes. Among them are his votes in favor of the 15-week abortion ban that was passed this year and the Parental Rights in Education law, which was dubbed the 'don't say gay' bill by its critics."

The b word — "'For the senator to use, what we consider a derogatory statement, referred to me as a female dog, it's obvious that the senator is confused,' Bush said. 'So let me clear that up for him. I have never been a dog or female dog for anyone. I will never be a dog for you.'"

THE PITCH — " Campaigning in Florida comes down to micro-targeting Latino communities," by NBC News' Carmen Sesin: "The ads use the voices of Fried supporters from different countries of origin and races: Colombian, Venezuelan, Dominican, Cuban, Mexican, Puerto Rican and Afro Latino. In the ads, supporters explain why they are voting for her. In one ad, Venezuelan Luis Atencio, says, 'I come from a country without democracy, and as a new citizen, I support Nikki Fried because she will protect democracy in Florida.' 'These ads show that we're going wherever we need to in order to deliver the message that Florida needs a governor that sees all communities and that they all have a place at the table,' said Evelyn Pérez-Verdía, founder of We are Más, a firm that focuses on messaging to diaspora communities and produced the ads."

CAMPAIGN ROUNDUP — Rep. Charlie Crist is launching two new television ads in the closing days before the Aug. 23 primary. Both ads tout endorsements the Democrat has received in his bid for governor. The first ad cites endorsements from progressive Democratic state Rep. Anna Eskamani, while the second ad touts endorsements Crist has gotten from several of the state's metro newspapers. (It's an interesting choice to make given the changing media landscape.) …

… Donald Trump Jr. released a video on Tuesday announcing that he's coming to Orlando on Thursday to help host a fundraiser for Carolina Amesty , a Republican candidate for Florida House District 45. The son of the former president endorsed Amesty last week for the central Florida district that includes Disney World. It's believed to be Trump Jr.'s first endorsement of a Florida legislative candidate.

… The Everglades Foundation is joining as one of the sponsors of two televised statewide debates for governor and U.S. Senate that will be staged in October. The group is joining The James Madison Institute, AARP Florida, Florida Trend, the LeRoy Collins Institute, the Florida Press Association, and the Florida League of Cities as sponsors of "Decision 2022: Before You Vote." "These debates provide a vital service to Florida voters to help them learn the candidates' views and vision for our state's future as defined by a range of issues, challenges, and problems that confront us today," said Eric Eikenberg, CEO of the Everglades Foundation….

… The League of Conservation Voters Action Fund announced Tuesday that it was endorsing Rep. Debbie Wasserman Schultz (D-Fla.) for re-election.

… Miami City Commissioner Ken Russell, who is running in the Democratic primary for Florida's 27^th congressional district, has been endorsed by the Democratic Environmental Caucus of Florida.

BY THE NUMBERS — Nearly 1.4 million votes have been cast so far ahead of the Aug 23 primary, according to the latest information on the state Division of Elections website. That total includes nearly 1.19 million vote-by-mail ballots. Of those, 554,557 have come from Democrats and 448,422 have come from registered Republicans. Overall, there are more than 2.39 million mail ballots that have been requested but not yet returned. Of those, more than 1.27 million are held by Democrats and nearly 897,000 are with Republicans. More than 208,000 voters have cast their ballots in person during early voting.

— "Who's funding the Democratic candidates for governor? Here are 4 takeaways," by Tampa Bay Times' Kirby Wilson and Romy Ellenbogen

— " Matt Gaetz plays defense in Northwest Florida primary battle as 'MAGA' allies join forces," by Pensacola News Journal's Jim Little

— "New polls show Demings gaining on Rubio. Can they be trusted? " by McClatchy D.C.'s Alex Roarty

— "After outcry, Broward goes back to wallet-sized voter registration cards," by South Florida Sun-Sentinel's Lisa J. Huriash

— "Florida Elections Commission fines Anika Omphroy $3K for campaign finance violations," by Florida Politics' Gray Rohrer

— " Elections panel issues $21K fine to committee connected to Associated Industries of Florida," by Florida Politics' Gray Rohrer

TRUMPLANDIA AND THE SWAMP

HELP WANTED — "Trump is rushing to hire seasoned lawyers – but he keeps hearing 'No,'" by Washington Post's Isaac Arnsdorf, Josh Dawsey, Carol D. Leonning, Jacqueline Alemany and Rosalind S. Helderman : "Jon Sale, a prominent Florida defense attorney who worked on the Watergate prosecution team and said he turned down representing Trump last week because he did not have enough time to devote to the case, said 'the Trump team needs a first-rate, highly experienced federal criminal practitioner.' 'You have to evaluate whether you want to take it,' Sale said. 'It's not like a DUI. It's representing the former president of the United States — and maybe the next one — in what's one of the highest-visibility cases ever.'"

QUESTIONED — " F.B.I. interviewed top White House lawyers about missing Trump documents," by New York Times' Maggie Haberman: "Pat A. Cipollone and Patrick F. Philbin, the White House counsel and his deputy under President Donald J. Trump, were interviewed by the F.B.I. in connection with boxes of sensitive documents that were stored at Mr. Trump's residence in Florida after he left office, three people familiar with the matter said. Mr. Cipollone and Mr. Philbin are the most senior people who worked for Mr. Trump who are known to have been interviewed by investigators after the National Archives referred the matter to the Justice Department this year."

— " Trump wants Mar-a-Lago affidavit released, as some aides ponder risk," by Washington Post's Perry Stein and Josh Dawsey

'WE WERE 30 DAYS BEHIND' — Inside the frantic, final days of record-keeping that landed Trump in hot water, by POLITICO's Daniel Lippman, Meredith McGraw and Jonathan Lemire: Standing amid half-packed boxes in early 2021, staffers in the West Wing grabbed packages of presidential M&M's and tried to obtain giant photos of the president and the first couple that adorned the walls, eager for a memento from their White House service. Trump-themed accessories and memorabilia were snagged. Aides stood in empty offices and tried to find a moment to secure presidential greetings for a loved one's upcoming birthday or anniversary. It was part free-for-all, part fire sale. Souvenirs were kept, records were indiscriminately thrown away. The Oval Office and its adjacent private dining room were only packed up the weekend before former President Donald Trump moved out, former aides said.

DATELINE D.C.

REQUEST — "'Women against Matt Gaetz' calls on Congress to prohibit congressman's contact with minors ," by WEAR's Kai Davis and John Rupolo: "A group called "Women Against Matt Gaetz" are speaking out against the Northwest Florida congressman once again. The group is calling on Congress to suspend Gaetz from all congressional duties and prohibit him from dealing with minors while under investigation by the Department of Justice for sex trafficking. Gaetz is hosting Niceville High School's annual Academy Night Tuesday. But the group says they are concerned about the congressman being around children while under federal investigation."

— "Sen. Rubio says supply chain needs mending but computer chip bill would have helped China," by Florida Times-Union's David Bauerlein

— " In Tampa Bay, Florida Republican Rick Scott unveils bill to fight opioid epidemic," by Tampa Bay Times' Michaela Mulligan

CORONAVIRUS UPDATES

SAILING AWAY — "'Pent-up demand' for cruises: Bookings increase as COVID testing requirements are loosened ," by South Florida Sun-Sentinel's Ron Hurtibise: "A surge in cruise bookings on the day after Carnival Cruise Line announced that it was relaxing its COVID testing requirements proves there's a 'pent-up demand' for cruising that has not yet been satisfied, the cruise line said Tuesday. On Friday, Carnival announced it would no longer require vaccinated passengers to take a COVID test within three days of boarding cruises less than 16 days long, except on trips to Canada, Bermuda, Greece and Australia."

PENINSULA AND BEYOND

FOR YOUR RADAR — "Florida reports first monkeypox infection in a child," by POLITICO's Arek Sarkissian: "Florida this month counted its first young child to be infected by the monkeypox virus amid the rapidly spreading outbreak, but health experts say most people are not at risk of getting infected. An online database of infectious disease activity maintained by Florida's health department shows the agency received a report of a child with monkeypox sometime during the month. The child is under five years old and it's unknown how or where the child was infected with monkeypox."

BOLO — " Miami cop whined about squad cars speeding to officer shooting. Chief: Comment 'disgusting,'" by Miami Herald's Charles Rabin and David Ovalle: "The city of Miami's police chief wants to know which of his officers complained to radio dispatch Monday night that patrol cars passing him at a high rate of speed — as they raced to the scene of a cop who had been shot — were endangering him. In a 32-second audio recording provided to the Herald, an officer can be heard asking dispatch to find out why Miami-Dade patrol cars are passing him at 60 mph on Northwest Seventh Avenue. When dispatch replied 'officer down,' a male officer responded: 'To yourselves, let them know they're going to have another officer down if they keep going at 70 miles per hour near my car.'"

— "Miami-Dade detective shot in head identified, remains in 'extremely critical' condition," by Miami Herald's Charles Rabin and David Ovalle

— " Realtors sue to have Orange County's rent control measure tossed from ballot," by Florida Politics' Scott Powers

— " Hearing set in November for attempt to revoke Pensacola abortion clinic license," by News Service of Florida

— "Hurricane center begins tracking a system in the Caribbean ," by Orlando Sentinel's Joe Mario Pedersen

ODDS, ENDS AND FLORIDA MEN

— "Florida man dies after eating raw oyster at Rustic Inn seafood restaurant," by South Florida Sun-Sentinel's Cindy Krischer Goodman: "A Florida man has died from a bacterial infection after eating a raw oyster at the famed Rustic Inn Crabhouse in Fort Lauderdale. The death is the second in the state this month traced to the bacteria, Vibrio, found in an oyster. Gary Oreal, manager of the Rustic Inn, said the South Florida man who died had worked at the restaurant about two decades ago. He had dined there earlier this month on a day the Rustic Inn served as many as 100 dozen oysters, and he was the only person who became sick. 'He had that one in a billion that was bad,' Oreal said. 'I feel horrible.'"

BIRTHDAYS: State Sen. Ben Albritton … state Rep. Vance Aloupis … former state Rep. Sharon Pritchett

INTRODUCING POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don't miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY.