| | | | |  | | By Gary Fineout | Hello and welcome to Tuesday. Still sorting it out — As speculation abounds about whether Gov. Ron DeSantis is going to announce a second round of migrant flights, there's a flurry of reaction and questions still circulating around what happened last week ahead of the arrival of nearly 50 undocumented immigrants on the wealthy resort island of Martha's Vineyard. The latest — A Democratic Texas sheriff on Monday announced that he's opening an investigation even though he could not cite what laws may have been broken. Lawyers representing roughly 30 of the migrants handed out copies of the brochures given by a vendor working on behalf of the state and suggested the document was misleading. Looking at the language — Meanwhile, there continue to be questions from the bureaucratic side: How exactly did these flights comport with the legislative language that granted DeSantis the $12 million to pay for trips like this? Some of it hinges on what the definition of "unauthorized alien" is as defined by legislators and whether it applies to asylum seekers leaving countries such as Venezuela. One Republican state senator back in March — while discussing an identical provision in an immigration bill sought by the DeSantis administration — flatly said those fleeing communist and socialist countries were here legally. Pushing back — DeSantis and his administration did offer up a new viewpoint on Monday by saying the majority of migrants who wound up flying to Massachusetts were "homeless" and "hungry" and living in parking lots in San Antonio. They were fed and put up in accommodations for one to two days before they were transported out of state, administration officials said. DeSantis, while appearing on Sean Hannity's Fox News program, asserted that some of the allegations that migrants were misled was "nonsense" and added this: "Why wouldn't they want to go, given where they were?" he said. "They were in really, really bad shape." To the voters — DeSantis, however, while continuing to pound the Biden administration over the surge of migrants at the southern border made it clear that he thinks Republicans should use immigration in the midterm elections. "I think what we have been able to do is show the border is a disaster," DeSantis said. He said the GOP should campaign on immigration along with crime and inflation. "This is one where Republicans have the advantage," he said. — WHERE'S RON? — Gov. DeSantis is expected to announce a new tax cut package for 2023, but details have not yet been announced. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: gfineout@politico.com
| | | | JOIN THURSDAY FOR A GLOBAL INSIDER INTERVIEW : From climate change to public health emergencies and a gloomy global economic outlook, the world continues to deal with overlapping crises. How do we best confront all of these issues? Join POLITICO Live on Thursday, Sept. 22 at 10:30 a.m. EDT for a virtual conversation with Global Insider author Ryan Heath, featuring World Bank President David Malpass, to explore what it will take to restore global stability and avoid a prolonged recession. REGISTER HERE. | | | | | |  | DRIVING THE DAY | | PROBE — "Texas sheriff investigating DeSantis' role in flying migrants to Martha's Vineyard," By POLITICO's Andrew Atterbury: A Texas sheriff on Monday opened an investigation into the legality of Gov. Ron DeSantis' recent move to fly dozens of mostly Venezuelan migrants to Martha's Vineyard. Bexar County Sheriff Javier Salazar, an elected Democrat, said that while he could not cite specific laws that may have been broken by relocating the migrants, his office will be investigating what he called an "abuse of human rights." The threat of criminal charges is an escalation against DeSantis amid widespread criticism from Democrats as the Republican governor promises to continue diverting migrants in Texas as a statement against Biden administration immigration policies. THE FINE PRINT — Doubts rise over whether DeSantis had budget authority to fly migrants, by POLITICO's Gary Fineout: Republican state Sen. Aaron Bean told senators earlier this year — when questioned about an identical provision that appeared in another immigration bill also pushed by the DeSantis administration — that it did not apply to those who were fleeing communist or socialist countries and had requested asylum. "They are here lawfully and the bill would not apply to them," Bean said during a March floor session. Bean made his comments shortly after state Sen. Annette Taddeo, a Democrat from the Miami area, tried to get assurances that the state did not consider those fleeing countries such as Cuba and Venezuela as an "unauthorized alien." FALLOUT — "Migrants who landed on Martha's Vineyard were tricked by misleading brochure, lawyers say," by NBC News' Marc Caputo: "When roughly 50 migrants were flown from Texas to Martha's Vineyard, Massachusetts, under a new program by Florida Gov. Ron DeSantis to highlight illegal immigration, they were given a brochure about housing, cash assistance and jobs for refugees. But there's one problem with what the brochure was promoting: The migrants aren't anywhere close to being classified as refugees, a specific term under U.S. immigration law. The implicit promises of help, therefore, were misleading and potentially criminal, according to Lawyers for Civil Rights, a nonprofit legal aid group representing 30 of the people who landed on the Massachusetts island last week." THE BIG PICTURE — "DeSantis's migrant flights aim to jolt midterms, and lay groundwork for 2024," by The New York Times' Lisa Lerer and Michael C. Bender: "The ambitious governor is betting that the tactic will not hurt his re-election race in Florida, long the nation's largest political battleground, and will reinject the issue of border security into the midterm contest. As voters remain focused on economic uncertainty and abortion rights, it remains unclear whether immigration will gain a major foothold in the final weeks before the election in November. Yet the move signals that [Gov. Ron] DeSantis could be eyeing a future beyond Florida and aiming to secure his place in the conversation of potential presidential candidates." 'WHY ISN'T HE DOING IT WITH OTHER NATIONALITIES?' —"Venezuelans' reactions to DeSantis' migrant flights reflect diverse immigration views," by El Nuevo Herald's Veronica Egui Brito: "Some rushed to condemn the flights last week, calling them 'a new low.' Others, including the Republican Venezuelans who admire DeSantis for his conservative policies, believe that his decision was necessary in the face of pressure to increase immigration controls, according to testimonies obtained by el Nuevo Herald. And some like Josefina Carrasco, a staunch follower of DeSantis who has lived in Doral for seven years, are conflicted." — " Libertarian Challenges Migrant Flights at Supreme Court" by News Service of Florida — "U.S. arrests along Mexico border surpass 2 million in a year for the first time ," by Washington Post's Nick Miroff — "EXPLAINER: Bused, flown migrants live in US — for now," by The Associated Press' Elliot Spagat
| | CAMPAIGN MODE | | CAMPAIGN ROUNDUP — DeSantis' reelection campaign released a new one-minute ad called "Protecting Florida" that features Kiyan Michael , whose son was killed in a car crash by someone who had been previously deported twice. Michael, a Republican, is expected to be elected in November to a state House seat. She beat out two more experienced and well-funded GOP candidates in the primary after DeSantis endorsed her. … Democratic gubernatorial nominee Charlie Crist on Monday rolled out "Casa Crist" — an office and hub to reach out to Hispanic voters ahead of the November election. ... Crist on Monday also rolled out his "Veterans for Crist" policy plan that he said would make Florida the No. 1 state for veterans, including making toll roads free for veterans and push to lower property taxes for vets. Sen. Marco Rubio's campaign released a video on Monday that featured President Joe Biden's and Rep. Val Demings' comments on inflation. The video contends that the statements show that the two Democrats don't care about its effects. — "Crist beating DeSantis in proportion of small dollar donors but losing fundraising race ," by McClatchy D.C.'s Sheridan Wall — "Charlie Crist slams appearance of 'antisemite' pastor in Ron DeSantis ad," by Florida Politics' Jacob Ogles — "Ausley vs. Simon: Democrats at 5 to 1 cash disadvantage; GOP Senate supermajority on the line," by Tallahassee Democrat's James Call — " Democratic Agriculture Commissioner candidate says she's left out of party resources," by NBC Miami's Phil Prazan
| | ... DATELINE TALLAHASSEE ... | | JUDGMENT DAY — "Federal judge rejects suspended Hillsborough prosecutor's request to return back to work," by POLITICO's Arek Sarkissian: A federal judge said he will reject a request by suspended Hillsborough State Attorney Andrew Warren to remain on the job as his lawsuit against the DeSantis administration continues to move through the court. Instead, Tallahassee federal court Judge Robert Hinkle said during a Monday hearing that he wanted to resolve Warren's case as quickly as possible through a trial. "There's the issue of getting it right," Hinkle said shortly before he denied Warren's request for a preliminary injunction. "It's better if this case gets resolved once and for all." | 
Andrew Warren speaks to press outside of the federal courthouse following a hearing on Monday, Sept. 19, 2022, in Tallahassee, Fla. The case challenges Gov. Ron DeSantis's order to suspend Warren from his role as a state attorney in Tampa in August. | Chasity Maynard/Tallahassee Democrat via AP | WOKE APPEAL — "DeSantis, Moody appeal ruling that blocked Stop WOKE Act," by News Service of Florida's Jim Saunders: "Gov. Ron DeSantis and Attorney General Ashley Moody are appealing a federal judge's ruling that blocked part of a new state law that placed restrictions on how race-related issues can be addressed in workplace training — a law DeSantis dubbed the 'Stop WOKE Act.' Lawyers for DeSantis and Moody filed a notice Friday that is a first step in asking the Atlanta-based 11th U.S. Circuit Court of Appeals to take up the issue. Chief U.S. District Judge Mark Walker last month issued a preliminary injunction, agreeing with three businesses and a consultant that the workplace-training restrictions violate the First Amendment." HMM — "Florida Chief Justice Muniz's tour for abortion opponents provokes concern about court bias at a critical moment," by Florida Bulldog's Noreen Marcus: "As the raging national debate over abortion was starting to engulf the Florida Supreme Court last January, now-Chief Justice Carlos Muniz personally led a private courthouse tour for an anti-abortion crusader and his supporters. The tour taken by John Stemberger and members of his Florida Family Policy Council (FFPC) is attracting much behind-the-scenes attention at the state's most powerful court. Lawyers and others have flooded the court's communication office with public record requests for information about the Jan. 25 tour — photos, emails, calendars, chats — according to a court employee who spoke with Florida Bulldog on condition of anonymity."
| | | | DON'T MISS - MILKEN INSTITUTE ASIA SUMMIT : Go inside the 9th annual Milken Institute Asia Summit, taking place from September 28-30, with a special edition of POLITICO's Global Insider newsletter, featuring exclusive coverage and insights from this important gathering. Stay up to speed with daily updates from the summit, which brings together more than 1,200 of the world's most influential leaders from business, government, finance, technology, and academia. Don't miss out, subscribe today. | | | | | | | DATELINE D.C. | | EVERYONE GETS A PODCAST — Ballard Partners, the well-known and successful lobbying firm that started in Tallahassee, has launched a podcast featuring the firm's partners Adam Goodman and Justin Sayfie. The podcast — titled 13th and Park (a reference to the streets where Ballard's Tallahassee and Washington D.C. offices are located) — kicks off with four initial episodes recorded in D.C. The first episode features University of Virginia election forecaster Larry Sabato while the second one has NBC News' (and POLITICO alum) Marc Caputo. The other two episodes include Republican pollster and consultant John McLaughlin and Courtney Coppola, the co-chair of the firm's cannabis practice group. "13th and Park listeners will feel like they are eavesdropping on a private conversation between the savviest minds in the country," said Brian Ballard, the firm's president and founder.
| | TRUMPLANDIA AND THE SWAMP | | TOUGH CROWD — Trump scored some Mar-a-Lago probe wins. The venue's now shifted, by POLITICO's Kyle Cheney: Donald Trump put the Justice Department on its heels, courtesy of a single federal judge who gave him the benefit of almost every doubt as he fought against the FBI's probe of documents seized from his Mar-a-Lago estate. Now, his team of lawyers is preparing to test whether they can replicate their fortune in front of a potentially more skeptical audience. And the first indication, offered in a filing on Monday night, suggests a tougher road ahead. 'IT'S A BIZARRE POSTURE' — How Judge Cannon broke with conservatives in Trump documents case, by POLITICO's Josh Gerstein: When Donald Trump flooded the federal bench with judicial appointments, a leading critique was that they were Federalist Society clones who favored muscular executive power and rejected what some perceive as meddling by the courts in executive branch affairs. Judge Aileen Cannon's recent orders in the fight over the classified records the former president is accused of keeping at Mar-a-Lago have turned that perception on its ear. — " Trump Was Warned Late Last Year of Potential Legal Peril Over Documents," by The New York Times' Maggie Haberman
| | THE GUNSHINE STATE | | PARKLAND PENALTY PHASE — "Judge won't step down from Stoneman Douglas mass shooting case," by South Florida Sun Sentinel's Rafael Olmeda: "Broward Circuit Judge Elizabeth Scherer refused to step down from the Marjory Stoneman Douglas High School mass shooting case Monday, dismissing a defense demand filed Friday as "legally insufficient." It's the only comment a judge is allowed to make when asked to recuse oneself, and Scherer did it in writing, handing copies of her ruling to attorneys on both sides without addressing it in open court. Confessed gunman Nikolas Cruz appeared in court on Monday along with his legal team from the Broward Public Defender's Office, prosecutors and the judge, who are wrangling over what the state will and will not be allowed to say during its rebuttal case, which gets underway next week."
| | PENINSULA AND BEYOND | | WHAT'S IN YOUR WALLET? — "Fla. Insurance crisis deepens as rates soar, companies fall," by E&E News' Thomas Frank: "Floridians now have the highest property-insurance rates in the nation, according to the industry-funded Insurance Information Institute. The average premium is $4,231 — nearly triple the U.S. average of $1,544. 'It's reached a point where Floridians cannot find affordable coverage for their homes,' Institute spokesperson Mark Friedlander said. 'It is going to eventually catch up with our booming real estate market and bring down values of property.'" DEADLY STORM — " Millions without power, massive flooding and at least four dead. Fiona slams islands," by Miami Herald's Alex Harris, Syra Ortiz-Blanes and Jacqueline Charles: "Millions of Puerto Ricans and Dominicans remained in the dark or surrounded by floodwater on Monday as Hurricane Fiona raked through the islands, taking homes, piers, a bridge and power lines down with it and killing at least four people. And for some still recovering from Hurricane Maria five years back, it's already a new measuring stick for the ravages a hurricane can bring to island nations. Fiona, a Category 2 storm, is far less powerful than Category 4 Maria, which devastated Puerto Rico and its power grid in 2017. Fiona has also left most of the island without electricity or running water, exposing the weaknesses that still remain years later." | 
Playa Salinas is flooded after the passing of Hurricane Fiona in Salinas, Puerto Rico, on Sept. 19, 2022. | Alejandro Granadillo/AP Photo | — "Central Florida organizations discuss aid for Puerto Rico amid fifth anniversary of Hurricane María," by Orlando Sentinel's Natalia Jaramillo — "Even before Fiona, Puerto Rico's power grid was poised for failure," by Washington Post's Joshua Partlow and Arelis R. Hernandez — " President Biden speaks with Puerto Rico's governor amid Hurricane Fiona aftermath," by ABC News' Rebecca Gelpi-Ufret NO. 2 — " Florida second only to Texas in banning school books as number of bans rise, report finds," by Florida Politics' Anne Geggis: "Only Texas has banned books more frequently than Florida's public schools, according to a national free speech organization that attributed two new pieces of the state's legislation with an uptick in verboten books. PEN America counted 566 Florida book bans spread over 21 of the state's 67 school districts from July 2021 to June 2022. That compares to the 801 bans in effect in 22 Texas school districts. Pennsylvania clocked in at third place with 457 bans in 11 school districts."
| | ODDS, ENDS AND FLORIDA MEN | | — "NASA gears up for Artemis I tanking test for shot to launch next week," by Orlando Sentinel's Richard Tribou: "The fixes have been addressed, so now it's time to add some stress to ensure NASA's Artemis I mission success. NASA says it has repaired fuel lines running from the mobile launcher into the Space Launch System rocket at Kennedy Space Center's Launch Pad 39-B in the last week. Now, it will run through a full propellant load, targeting 7:15 a.m. Wednesday as part of a test that could give them a shot to launch as early as Sept. 27 to send the Orion spacecraft on a multiweek mission to orbit the moon." BIRTHDAYS: State Rep. Jason Shoaf … State Chief Information Officer James Grant … businessman and investor Donald Soffer | | | | Follow us on Twitter | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
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