Tuesday, November 29, 2022

Andrew Warren v. Ron DeSantis heads to court

Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
Nov 29, 2022 View in browser
 
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By Gary Fineout

Hello and welcome to Tuesday.

Confrontation — Andrew Warren will be in federal court today in Tallahassee seeking to get his job back nearly four months after Gov. Ron DeSantis suspended him from his position as Hillsborough County state attorney.

Flashback DeSantis suspended Warren for a handful of reasons, including a pledge the elected prosecutor made to not enforce certain laws, such as the state's recently enacted ban on abortions after 15 weeks of pregnancy without exceptions for rape or incest.

Framework — During a trial that could last anywhere from three to five days, Warren's legal team will argue that DeSantis' move violated Warren's First Amendment rights and was done for purely political reasons. DeSantis, who is being represented by the state's solicitor general and other lawyers working for Attorney General Ashley Moody, have countered that Warren's "blanket refusals" to enforce laws were sufficient grounds for the governor to act and that Warren's speech was not protected.

Coming up The trial is expected to feature up to 14 witnesses, including Warren himself, although some of the testimony will be offered through depositions and not on the witness stand. The case has already provided an inside look at how top aides to the governor — including his "public safety czar" Larry Keefe — pursued the case against Warren. Details so far have also made it clear that Warren's decision to sign onto a statement regarding abortion was the main catalyst that sparked the decision to suspend him.

What's at stake It's safe to assume here that if U.S. District Judge Robert Hinkle, a Clinton appointee, rules against DeSantis then the case will be appealed. But the ultimate outcome could still be a major one in determining if there are any limits to the governor's suspension powers. State courts — responding in other cases pursued by DeSantis — have suggested there aren't many, due in part because suspensions can ultimately be voted on by the Florida Senate.

Reminder DeSantis has used the suspension power in the state constitution in a much broader fashion than his predecessors, who primarily tapped it when local officials had been arrested. A win in this case would validate DeSantis' approach and give him even more leverage during his second term.

— WHERE'S RON? — Nothing official announced for Gov. DeSantis.

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

 

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... DATELINE TALLAHASSEE ...

IT STARTS — " Trial challenging Gov. Ron DeSantis ouster of Hillsborough County state attorney starts Tuesday ," by Scripps' Forrest Saunders: "[Andrew] Warren told us during a brief interview Monday he was ready and remained confident the law was on his side. 'There's so much more at stake than my job,' Warren said. 'This is about protecting elections in our state. It's about making sure that elected officials have the right to speak out on issues of public importance.'"

— " What to expect as Warren v. DeSantis heads to trial today in Tallahassee ," by Tampa Bay Times' Dan Sullivan and Sue Carlton

UNCHANGED FOR TWO DECADES — " Inflation woes may not move legislative leaders to hike Florida's low jobless benefits ," by Florida Politics' Gray Rohrer: "Gov. Ron DeSantis and Republican lawmakers on the campaign trail repeatedly pointed to sky-high inflation as a scourge pinching Floridians' pocketbooks, arguing it's spurred mainly by indulgent spending by President Joe Biden and fellow Democrats in Congress. But the new leaders of the Legislature aren't ready to increase Florida's jobless benefits, even though the last time lawmakers raised the maximum weekly unemployment payment, Ricky Martin's 'Livin' La Vida Loca' was the top song on the charts."

STEPPING AWAY — " Florida Supreme Court Justice Grosshans recuses self in appeals court judge cases ," by News Service of Florida: "Florida Supreme Court Justice Jamie Grosshans has recused herself from cases that contend six candidates for appointments to two appeals courts do not meet residency requirements, the Supreme Court said Monday. Grosshans' husband, Josh, is a member of the 6th District Court of Appeal Judicial Nominating Commission, which sent the names of four of the disputed candidates to Gov. Ron DeSantis for consideration."

— " The mother of all contracts: A seismic shift in Medicaid program could be ahead ," by Florida Politics' Christine Jordan Sexton

— " Coalition calls on Florida Legislature to create committee to focus on climate change ," by Florida Phoenix's Mitch Perry

— " She's staying: Gov. DeSantis says Shevaun Harris is back for second term ," by Florida Politics' Christine Jordan Sexton

— " Nikki Fried calls on DeSantis to reclassify 911 operators, Agriculture officers as first responders ," by WFLA's Sam Sachs

TRUMPLANDIA AND THE SWAMP

 WHO AGAIN? — GOP lawmakers mostly decline to condemn Trump over white supremacist meeting , by POLITICO's Olivia Olander and Nancy Vu: A flurry of top Republicans on Monday took a familiar approach to Donald Trump's dinner with white nationalist and antisemite Nick Fuentes — condemning the former president's actions, but not the man himself. Trump's onetime No. 2 was a notable exception. "President Trump was wrong to give a white nationalist, an antisemite and a Holocaust denier a seat at the table," Pence told NewsNation in an interview set to air later Monday. "And I think he should apologize for it."

Rubio weighs in Sen. Marco Rubio (R-Fla.), who vied against Trump in the 2016 presidential primary, said he hopes to see the former president condemn Fuentes, "because I know [Trump's] not an antisemite. I can tell you that for a fact that Trump is not, but [Fuentes is] evil ... just a nasty disgusting person. He's an ass clown, and he's trying to legitimize himself by being around a former, maybe future president."

Former President Donald Trump speaks.

Former President Donald Trump announces he is running for president for the third time as he smiles while speaking at Mar-a-Lago in Palm Beach, Fla., Nov. 15, 2022. | Andrew Harnik/AP Photo


SCOTT ALSO RESPONDS — " Some in GOP break silence on Trump's dinner with white nationalist ," by Axios' Andrew Solender: "Sen. Rick Scott (R-Fla.), head of the Senate GOP's campaign arm, called on all Republicans to condemn white supremacy and antisemitism. 'There's no room in the Republican Party for white supremacists and antisemitism, so it's wrong,' he told reporters as senators returned to the Capitol for votes."

MORE REACTION — " Jewish allies call Trump's dinner with Antisemites a breaking point ," by The New York Times' Jonathan Weisman: "Now, even some of [former President Donald] Mr. Trump's staunchest supporters say they can no longer ignore the abetting of bigotry by the nominal leader of the Republican Party. 'I am a child of survivors. I have become very frightened for my people,' Morton Klein, head of the right-wing Zionist Organization of America, said on Monday, referring to his parents' survival of the Holocaust. 'Donald Trump is not an antisemite. He loves Israel. He loves Jews. But he mainstreams, he legitimizes Jew hatred and Jew haters. And this scares me.'"

STILL LOOMING — " Turning point for Garland as Justice Dept. grapples with Trump inquiries ," by The New York Times' Glenn Thrush: "But the appointment of a special counsel, Jack Smith, on Nov. 18, and a painstakingly planned rollout of the announcement, signaled a significant, if subtle, shift in that approach. [Attorney General Merrick] Garland has shown a growing willingness to operate outside his comfort zone — within the confines of the rule book — in response to the extraordinary circumstance he now finds himself in: investigating Mr. Trump, a top contender for the 2024 nomination of a party that is increasingly rallying around the charge that Mr. Garland has weaponized the Justice Department against Republicans."

CAMPAIGN MODE

SEEKING NEW TERM — " Tampa Mayor Jane Castor makes it official, filing for reelection ," by Tampa Bay Times' Charlie Frago: "She said in January she would do it. On Monday, Tampa Mayor Jane Castor made it official, filing for reelection for mayor at the Hillsborough County Supervisor of Elections office. Castor, a Democrat, told the Tampa Bay Times in January that she planned to a run for a second term. The former police chief, who will turn 63 in December, has not yet drawn a well-known opponent, which is not unusual in Florida's third-largest city, where incumbent mayors rarely face a tough challenge."

— " Donald Trump launches poll on VP picks in 2024; FL officials named as potential running mates ," by Florida Phoenix's Isaac Morgan

— " Poll: Pennsylvania Republicans prefer Ron DeSantis to Donald Trump ," by Florida Politics' A.G. Gancarski

— " Don't call Florida a red state yet: Left-leaning groups say their voters stayed home ," by WGCU's Ashley Lopez

 

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PENINSULA AND BEYOND

 
PAST AND PRESENT — " A flood of Venezuelan migrants has angered a surprising group – other Venezuelans ," by POLITICO's Tony Frangie Mawad: Remarks such as former President Donald Trump's, which described the migrants as "vicious criminals" released by Maduro, have not been generally rejected by Venezuelan-Americans — a voting bloc that tends Republican — but rather "they have said: 'Oh, look how they [the new migrants] are making us look!'", says Raúl Stolk, a Venezuelan lawyer based in Miami who owns Caracas Chronicles, an English-language news site. For Stolk, Venezuelans in Miami have a "a lot of social consciousness about what's happening in Venezuela" and, moved by "compassion and connection" to their country, they tend to donate aid to Venezuela, participate in activism and help new migrants. Still, he says, "you hear the mad speech that Maduro is sending inmates."

RESOLVED — " Tampa woman takes plea deal in DeSantis voter fraud case ," by Tampa Bay Times' Lawrence Mower: "One of the 20 people arrested by Gov. Ron DeSantis' new election security force accepted a plea deal on Monday that allows her to avoid any punishment. Tampa resident Romona Oliver, 56, pleaded no contest to a felony charge of voting during the 2020 election while ineligible. In exchange, statewide prosecutors dropped another felony charge of 'false swearing' when she registered to vote. Oliver was sentenced to credit for time served; she spent a few hours in the Hillsborough County jail on Aug. 18, the same day that DeSantis held a news conference announcing the first arrests for his new Office of Election Crimes and Security."

'LACK OF URGENCY' — " Innocence sold: 'Kidnapping, human trafficking, murder.' What happened to missing teen Sophie Reeder? " by South Florida Sun-Sentinel's Brittany Wallman: "It was after midnight, and her father was asleep. Fifteen-year-old Sophie Reeder slipped out of her Fort Lauderdale home wearing a short black skirt, high-top sneakers, a leopard-print coat and headphones. Her hair was neatly twisted into side buns. She took nothing with her. In her bedroom, she left a stack of cash, a diary and a date mysteriously marked on her calendar. Maybe she thought she'd be back to blow out the candle she left burning. That was five and a half years ago."

FOR YOUR RADAR — " Court won't back Moms for Liberty in Brevard School Board fight ," by News Service of Florida's Jim Saunders: "A federal appeals court has rejected an attempt by a chapter of the conservative group Moms for Liberty to block restrictions that the Brevard County School Board placed on public participation at board meetings. A panel of the 11th U.S. Circuit Court of Appeals last week upheld a district judge's denial of a preliminary injunction against the policy, which Moms for Liberty members contend has violated First Amendment rights."

'IMPORTANT PHASE' — " Halfway done: Orion reaches farthest distance from Earth on Artemis I mission ," by Orlando Sentinel's Richard Tribou: "NASA officials said the Orion spacecraft traveled to its farthest distance from Earth on Monday, two days after breaking a record set by Apollo 13. On Saturday, Orion, which launched atop the Space Launch System rocket from Kennedy Space Center on Nov. 16, surpassed the previous record of 248,655 miles from the planet, which was the farthest away from Earth astronauts Jim Lovell, John Swigert and Fred Haise traveled during their aborted 1970 moon-landing mission."

BACK IN PLACE — " Bob Iger lays out his priorities for Disney as he returns as CEO ," by CNN Business' Frank Pallota: "Bob Iger was back at Disney headquarters on Monday to meet with employees for the first time since surprising the media world by returning as the company's CEO last week. Iger discussed multiple issues facing the company including Disney's current hiring freeze and what he plans to focus on when it comes to the Disney+ streaming platform. He also highlighted his No. 1 priority as he takes back the reins: creativity."

— " Miami-Dade commissioner blasts FIU for hosting 'Cuban Privilege' author in Coral Gables ," by Miami Herald's Douglas Hanks

— " Judge accepts insanity plea deal for man in face-biting case ," by The Associated Press' Freida Frisaro

— " In Miami's public housing, hundreds of units lack air-conditioning. That's changing ," by Miami Herald's Douglas Hanks

— " Advocates still concerned after FWS proposes more than 1 million acres of bonneted bat habitat ," by Fort Myers News-Press' Chad Gillis

— " Superintendent Brennan Asplen accepts upcoming departure from Sarasota school district ," by Sarasota Herald-Tribune's Steven Walker

— " Tallahassee police searching for suspect who fired into crowd on FAMU campus; 1 dead, 4 hurt ," by Tallahassee Democrat's Christopher Cann and Jeff Burlew

ODDS, ENDS AND FLORIDA MEN

— " Attorney: FAMU releases hold on degree of graduate who posted controversial photo ," by Tallahassee Democrat's Alaijah Brown: "After posting what appeared to be a photo of her posing nude in front of the Rattler statue on Florida A&M University's campus July 30, Miami rapper Terica Williams faced social media backlash and most importantly, a hold on her newly earned master's degree in counselor education. But now, it appears Williams and the university have come to a resolution. FAMU reversed its decision to continue holding Williams' degree after five months, and recently ruled in her favor, Miami attorney David Kubiliun confirmed this week to the Tallahassee Democrat. The update was first reported Nov. 18 by Miami television station, NBC 6."

BIRTHDAYS: Former state Rep. Cindy Polo

 

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