| | | | |  | | By Gary Fineout | Hello and welcome to Friday. Over for now — The first round of Andrew Warren's effort to win back his job as the top prosecutor in Hillsborough County wrapped up Thursday evening with only a few hints and suggestions as to how his legal battle against Florida Gov. Ron DeSantis will play out in the weeks — and maybe months — ahead. From the bench — Warren sued DeSantis in federal court and asserted his suspension was political and a violation of his First Amendment rights. After a three-day trial U.S. District Judge Robert Hinkle told lawyers representing both sides that he wasn't sure who would win. No quick resolution — He did note, however, that if he agreed with Warren he would be unlikely to immediately reinstate the twice-elected state attorney and would instead give a short delay to allow the governor's lawyers to appeal. (The governor's legal team had argued against a "yo-yo" effect by a quick reinstatement and made sure to highlight a statement that Warren made to an investigator where he had threatened to fire people if he got reinstated.) Listening to the judge — Hinkle, over the course of the trial, asked questions and made statements that suggested he was uncomfortable with what had happened to Warren. (He was suspended from office back in August over assertions that he was neglecting his duty because he had pledged to not enforce certain laws, including the state's ban on abortion after 15 weeks of pregnancy.) While the executive order listed four different decisions that drew scrutiny by DeSantis, it was clear by testimony and evidence that Warren's promise to not enforce abortion laws was the "bingo" moment as Hinkle put it. Trust the process? — Hinkle said at one point the "whole thing is chock full of animus" at prosecutors like Warren, who was viewed as "woke" and "progressive" for some of his stances and decisions. He brought up questions about what he called a "one-sided inquiry" because Larry Keefe, DeSantis' "public safety czar," and others in the governor's office largely talked to Republicans and critics of Warren. They never made any effort to ask Warren's office about his policies because there was a concern he would be "tipped off" as one of DeSantis' own lawyers put it. The judge also sounded skeptical at how the governor's office kept no notes from meetings where Warren's suspension was discussed. Counterpoint — But Hinkle also appeared to give credence to the testimony of Ryan Newman, the governor's general counsel. Newman explained the process that led up to decision to suspend Warren and the concern that Warren's actions — especially on abortion — would encourage people to not follow the law. He also contended that the executive order that removed Warren was a more like a "charging document" and that normally there is time to do additional investigation before the Florida Senate weighs in on the suspension. Closing arguments — Lastly, Hinkle also said out loud that maybe what happened to Warren was "bad" but may not rise to a violation of his First Amendment rights as asserted in his lawsuit. That was echoed by George Levesque, one of the lawyers for DeSantis, who said Warren had engaged in "government speech." But Warren's legal team in their closing arguments before Hinkle attempted to frame the case as one that other elected officials in Florida — particularly Democrats — would be watching very closely. "If Mr. Warren's suspension is upheld, what other elected officials will speak out?" said David O'Neil, one of Warren's attorneys. — 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
| | | | POLITICO APP USERS: UPGRADE YOUR APP BY DECEMBER 19! We recently upgraded the POLITICO app with a fresh look and improved features for easier access to POLITICO's scoops and groundbreaking reporting. Starting December 19, users will no longer have access to the previous version of the app. Update your app today to stay on top of essential political news, insights, and analysis from the best journalists in the business. UPDATE iOS APP – UPDATE ANDROID APP . | | | | | |  | ... DATELINE TALLAHASSEE ... | | GETTING IN ON THE ACTION — " Florida divesting $2 billion from BlackRock over firm's ESG push ," by Fox Business' Breck Dumas: "Florida is divesting from investment giant BlackRock, becoming the latest state to pull assets from the firm over its environment, social, and governance (ESG) policies. The Sunshine State's chief financial officer, Jimmy Patronis, announced Thursday that the Florida Treasury would immediately begin removing roughly $2 billion in assets from BlackRock's control in a process that should be completed by year's end." Response — "BlackRock pushed back against the move in a statement, saying the company was 'surprised by the Florida CFO's decision given the strong returns BlackRock has delivered to Florida taxpayers over the last five years.' In an email to FOX Business, the company said neither Patronis nor anyone from his office had raised any performance concerns and called the move political. 'We are disturbed by the emerging trend of political initiatives like this that sacrifice access to high-quality investments and thereby jeopardize returns, which will ultimately hurt Florida's citizens,' the BlackRock statement added. 'NOT BASED UPON ANY FACTS' — " Gillum request for separate trial denied as feds say race, Trump weren't factors in prosecution ," by Tallahassee Democrat's Jeff Burlew: "Federal prosecutors denied targeting Andrew Gillum because of his race and pooh-poohed another assertion by his defense lawyers that former President Donald Trump was a factor in his public corruption case. The government last week responded to a series of motions filed by Gillum's defense alleging racial bias in the FBI's undercover investigation into the former Tallahassee mayor and his subsequent prosecution." THE SOUND OF SILENCE — " A controversial proposal aims to restrict protests in the Florida Capitol ," by News Service of Florida's Ryan Dailey: "Numerous individuals and representatives of advocacy groups that frequently hold demonstrations at the Capitol pushed back against the proposal during a public hearing Thursday. Rich Templin, director of politics and public policy for the Florida AFL-CIO, said he has spent decades in and around the Capitol and sees 'absolutely no reason for a change in this rule.'" Templin also said he has guided tours for elementary-school children of the Capitol building and never ran into the issues the proposed rule seeks to block.
| | DESANTISLAND | | A HOLIDAY SURPRISE — Federal judge won't rule right away in bid by Florida suspended prosecutor to win job back ," by POLITICO's Gary Fineout: A federal judge will soon decide whether to rescind Florida Gov. Ron DeSantis' suspension of a Democratic state prosecutor who pledged not to enforce certain laws, including a new state ban on abortions after 15 weeks of pregnancy. U.S. District Judge Robert Hinkle said Thursday that while he understood there is an "urgency" for him to decide it is unlikely he will render a final decision until at least the week of Dec. 19. Hinkle, who at times sounded increasingly skeptical as to the rationale used by the Republican governor to suspend Hillsborough County State Attorney Andrew Warren, still told lawyers at the end of the three-day trial that "I don't know who's going to win." — " Andrew Warren's chief of staff undercuts argument in DeSantis lawsuit ," by Tampa Bay Times' Lawrence Mower | 
Andrew Warren speaks to reporters shortly after testimony in his lawsuit against Gov. DeSantis ended | Gary Fineout/POLITICO |
SHHH — " DeSantis tells allies to stay mum about Trump's 'Nazi' Dinner. It's part of a bigger plan ," by Rolling Stone's Asawin Suebsaeng: "According to three people with knowledge of the directives, DeSantis' lieutenants have told his allies not to attack Trump over the now-notorious dinner. Instead, the potential 2024 Republican primary candidate and his advisers have aimed to keep the focus on Trump's decision to dine with Kanye West, a vocal anti-Semite, and Nick Fuentes, a white supremacist agitator. 'In ongoing discussions following his reelection, including this week, I've been asked to keep my powder dry,' says Dan Eberhart, a longtime GOP donor — and former big Trump donor — recalling his conversations with Team DeSantis. (Eberhart is now backing DeSantis for 2024)."
— " Ron DeSantis sidesteps yet another Donald Trump question ," by Florida Politics' A.G. Gancarski
| | | | GO INSIDE THE MILKEN INSTITUTE FUTURE OF HEALTH SUMMIT: POLITICO is featuring a special edition of our "Future Pulse" newsletter at the 2022 Milken Institute Future of Health Summit from Dec. 6 to 8. The newsletter takes readers inside one of the most influential gatherings of health industry leaders and innovators solving the biggest global health issues to ensure a healthier, more resilient future for all. SUBSCRIBE TODAY TO RECEIVE EXCLUSIVE COVERAGE . | | | | | | | TRUMPLANDIA AND THE SWAMP | | 'THE LAW IS CLEAR' — " Appeals court rejects Trump lawsuit in Mar-a-Lago documents ," by POLITICO's Josh Gerstein and Kyle Cheney: A federal appeals court panel has scrapped former President Donald Trump's lawsuit aimed at derailing the FBI's investigation of classified records stashed at his Mar-a-Lago estate after he left the White House. The three-judge panel's unsparing ruling moves to shut down an outside review of the Justice Department's use of nearly 3,000 documents the FBI seized from former President Donald Trump's Mar-a-Lago estate in August. And it deals Trump a devastating legal setback as he seeks to block the criminal probe into his purported retention of national security information, theft of government records and obstruction of justice. FALLOUT — " Trump dinner with Ye (formerly Kanye West), white supremacist gives even his Florida loyalists heartburn ," by Palm Beach Post's Antonio Fins and Stephany Matat: "The Nov. 22 meeting at Mar-a-Lago also dismayed the Trump faithful, including grassroots political activists who only the week before had cheered the former president's entry into the 2024 race for the White House. 'It's very frustrating,' said Randy Ross, who was the Trump campaign's Orange County chairman in 2016. 'I love Trump. I love everything about this man. … I know what that feels like to want so desperately to see him succeed. But I think sometimes this man surrounds himself with a bunch of losers.'" — Trump Organization lawyers blame ex-CFO for criminal tax fraud scheme , by POLITICO's Erin Durkin — " A Broward man pleaded guilty to his role in Jan. 6 riots. He may face decades in prison ," by Miami Herald's Grethel Aguila | | MIGRANTS IN MASSACHUSETTS | | ANOTHER ONE — Southern Poverty Law Center sues DeSantis over Martha's Vineyard flights , by POLITICO's Gary Fineout: The Southern Poverty Law Center and non-profit immigration rights organizations are suing Florida Gov. Ron DeSantis over his controversial transport of migrants from Texas to Martha's Vineyard. ... The lawsuit against DeSantis and the state's transportation secretary contends that Florida's program — which led the DeSantis administration to the flying of nearly 50 mostly Venezuelan migrants from San Antonio to Massachusetts in September — is unconstitutional because the state is "usurping the federal government's sole role in regulating and enforcing immigration law." | | CAMPAIGN MODE | | WHAT'S NEXT? — " Murphy leaves Congress as bipartisan dealmaker. Could 2024 Senate race beckon ?" by Orlando Sentinel's Steven Lemongello: "Stephanie Murphy took the political world by surprise six years ago. The looming question is, could she do that again two years from now? The outgoing Democratic member of Congress from Winter Park has been mentioned as a potential opponent against Republican U.S. Sen. Rick Scott in 2024. But she's not yet ready to reveal any future plans. 'I'm running through the tape in this job,' Murphy said of her final month in the U.S. House. 'And then I'll figure out what comes next.'" | 
Rep. Stephanie Murphy, D-Fla., listens as the House select committee investigating the Jan. 6 attack on the U.S. Capitol holds a hearing on Capitol Hill in Washington, Thursday, Oct. 13, 2022. (AP Photo/Jacquelyn Martin) | AP |
— " Jack Brill defeats Michael Flynn-backed challenger to become Sarasota GOP chair ," by Sarasota Herald-Tribune's Zac Anderson
— " Poll: DeSantis remains GOP's top 2024 pick over Trump, most Dem voters don't think Biden should run again ," by Fox News' Aubrie Spady — " Ron DeSantis edges Joe Biden in 2024 Georgia hypothetical ," by Florida Politics' A.G. Gancarski | | DATELINE D.C. | | BONDING — " AOC, Rubio find common ground on rail union strike: 'A rarity ,' by Fox Business' Caitlin McFall: "Rep. Alexandria Ocasio-Cortez, D-N.Y., said Thursday that she and Sen. Marco Rubio, R-Fla., had found common ground in the potential rail worker strike that has concerned many across the nation. Rep. Alexandria Ocasio-Cortez, D-N.Y., said Thursday that she and Sen. Marco Rubio, R-Fla., had found common ground in the potential rail worker strike that has concerned many across the nation." REQUEST — " Immigration advocates, lawmakers ask Biden to extend and renew Haiti TPS designation ," by Miami Herald's Jacqueline Charles: "Immigration advocates and Senate Majority Leader Chuck Schumer on Thursday called on the U.S. Department of Homeland Security to re-designate Temporary Protected Status for Haiti. The re-designation and an extension would open up the immigration protection to tens of thousands of Haitians who arrived in the United States after July 29, 2021, when the last TPS designation was given following the assassination of the country's president, Jovenel Moïse, two weeks earlier. It would also extend to those not covered by recent litigation over a Trump-era decision to terminate the program for Haiti and five other countries." | | PENINSULA AND BEYOND | |
FINALE — " Joel Greenberg sentenced to 11 years in prison for sex trafficking, other crimes ," by Orlando Sentinel's Martin E. Comas : "Joel Greenberg — who as Seminole County's tax collector trafficked a teenager, stalked a political rival, stole identities and spent taxpayer funds on paid sex and cryptocurrency, among other misdeeds — was sentenced to 11 years in prison Thursday, bringing to a close one of the most stunning cases of political corruption in state history. Greenberg was elected to public office just over six years ago at the age of 31 and became a rising star in GOP politics, even as he faced one controversy after another. But his abuse of taxpayer funds drew the attention of federal investigators, prompting his downfall."
SNAKE EYES — " Gambling regulators postpone Magic City buyout, want documents released ," by Miami Herald's Mary Ellen Klas: "Florida regulators on Thursday indefinitely postponed the transfer of the gambling permit from Magic City Casino in Miami to an Alabama-based Native American tribe, putting a hold on the multimillion-dollar deal until more details are disclosed to the public. Miami's Havenick family and its West Flagler Associates company has entered into an asset purchase agreement with the Poarch Band of Creek Indians, operating as Wind Creek Miami, LLC, but it needs permission from the Florida Gaming Control Commission to transfer the gambling license, which allows it to operate slot machines, blackjack and other casino games in Miami." A HAPPY ENDING? — " Florida prepares U-turn on Disney's 'Don't say Gay' punishment ," by Financial Times' Christopher Grimes: "However, state lawmakers are working on a compromise that would allow Disney to keep the arrangement largely in place with a few modifications. Some believe the return of Bob Iger as CEO last month will help pave they way for a resolution, according to people briefed on the plan. Randy Fine, the Republican lawmaker who drafted the law to end Disney's control over the 25,000-acre Reedy Creek property, said that [Bob] Chapek's removal from executive office last week improved the chances that 'something will get sorted out' over the district." — " DeSantis announces $23M spending plan to boost Biscayne Bay water quality projects ," by CBS Miami — " Should the fired Broward schools chief be allowed to stay? It's again up for discussion ," by South Florida Sun-Sentinel's Lisa J. Huriash — " Residency of new Escambia County School Board member David Williams challenged ," by Pensacola News Journal's Jim Little | | ODDS, ENDS AND FLORIDA MEN | | — " Venice to create code of conduct for events after complaints about Pride Festival ," by Sarasota Herald-Tribune's Earle Kimel: "In response to complaints about the Nov. 12 Venice Pride Festival held in Centennial Park, the city of Venice will install a code of conduct section as part of its special event permit process to clearly outline the host's responsibilities and ramifications for violations. Videos circulated on social media – notably of individuals attempting to pole dance on a lamp post and a ring-toss game involving sex toys – stirred national attention that prompted Jack Brill, acting chairman of Republican Party of Sarasota County, to write to the city calling for council members investigate the event and place a hold on future permits." BIRTHDAYS: State Sen. Debbie Mayfield (Saturday) State Sen. Keith Perry … lobbyist Ron Book ... Carrie O'Rourke ... POLITICO's Bruce Ritchie ... Krys Fluker, opinion editor The Orlando Sentinel (Sunday) Former Rep. Francis Rooney | | | | 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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