Monday, May 22, 2023

DeSantis and the judge his administration can't stand

Presented by Airlines for America: Gary Fineout's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
May 22, 2023 View in browser
 
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By Gary Fineout

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Hello and welcome to Monday and the start of an anticipated big week for Gov. Ron DeSantis.

Not in alignment So, of course, there’s no mutual admiration society between Chief U.S. District Judge Mark Walker — who has penned many a ruling excoriating Florida over the years — and the administration of Gov. Ron DeSantis.

History DeSantis himself will occasionally comment on how he expects to lose before the judges appointed to the Northern District of Florida but that they will be reversed by the 11th Circuit Court of Appeals.

Dear Judge Then late Friday afternoon, lawyers representing DeSantis (including those working for Attorney General Ashley Moody) filed an unusual request that asked that Walker recuse himself from the lawsuit that Disney brought against the governor and the state-created board that now oversees thousands of acres in central Florida where Disney’s theme parks are located.

Point of view The request contends that Walker — an appointee of President Barack Obama — may have already “prejudged” allegations made by Disney about retaliation because of remarks he made in passing in court during hearings involving two other lawsuits against the state. “Because that question is now before this Court, and because that question involves highly publicized matters of great interest to Florida’s citizens, the Court should disqualify itself to prevent even the appearance of impropriety,” states the motion.

Running up that hill What the filing does not note is that Walker has ruled against Florida Republicans multiple times. For example, when he slammed the state’s 2021 election law targeting mail-in balloting and drop box voting as discriminatory. He called a state law dealing with workplace training sessions “bordering on unintelligible” and cited the Netflix show “Stranger Things” by stating that “recently, Florida has seemed like a First Amendment upside down.”

Tick, tock The timing of this request, of course, is interesting. It comes just days before DeSantis is expected to jump into the presidential race and it was filed right after Disney announced it was scrapping plans for a nearly $1 billion office complex in central Florida. Disney’s decision seemed to be in the works for some time and even the company says it was tied to financial condition.

Insurance But DeSantis’ ally-turned-foe, former President Donald Trump, has already hounded DeSantis over the Disney fight. A ruling against the governor — say about six or seven months from now — would generate a bit of heat for his presidential effort. Filing the request now allows the DeSantis camp to contend it was preordained and gives them a potential avenue for appeal.

— 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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DESANTISLAND

TOUCH AND GO — DeSantis largely avoids abortion at anti-abortion group’s gala, by POLITICO’s Sally Goldenberg and Anna Wilder: If ever there was a time and place for Florida Gov. Ron DeSantis to preach the gospel of his new six-week abortion ban, headlining the annual gala of the Florida Family Policy Council on Saturday night would have seemed to be it. But DeSantis made little mention of the topic during his remarks before nearly 800 people attending the conservative organization’s event, relegating it to about two minutes of a roughly 40-minute address.

Florida Gov. Ron DeSantis speaks at a political roundtable in Bedford, N.H.

Florida Gov. Ron DeSantis speaks at a political roundtable in Bedford, N.H. | Robert F. Bukaty/AP Photo

LOOKING AT THE NUMBERS — Why Ron DeSantis should hope he’s the second coming of John McCain, by POLITICO’s Steven Shepard: But increasingly over the past few elections, individual primary candidates have skyrocketed in the polls in open races, only to come back down to earth quickly — and never recover. There are a few examples from which DeSantis can learn: The best case is former Sen. John McCain, who faded away in the polling only to surge again and win the nomination. The worst is an unflattering comparison to another former Florida governor who surrendered the nomination to Trump.

BACKING RON NOT DON — “Republican mega-donor dumps Trump to back DeSantis for president in 2024,” by New York Post’s Carl Campanile: “A prominent Republican financier and onetime backer of former President Donald Trump is throwing his support behind Florida Gov. Ron DeSantis in the 2024 election. Hal Lambert, founder of Texas-based Point Bridge Capital — which manages an investment fund named after Trump’s “Make America Great Again” 2016 campaign slogan — said it’s time for Republicans to turn the page on the 76-year-old former president and go for DeSantis, 44. ‘I’m in for DeSantis this time. I plan to do a lot to help DeSantis win,’ Lambert told The Post.”

‘A LOT MORE CROWDED’ — “DeSantis’ woes lead to ‘clown car primary’ that could help Trump,” by The Messenger’s Marc Caputo and Tom LoBianco: "But over the past two months, Trump gained momentum in the polls and DeSantis lost it. And now, as many as a dozen other Republicans are running or talking about it in a way they hadn’t when DeSantis looked as if he had a much better shot at beating Trump - the potential rerun of the 2016 campaign that Team Trump had hoped for all along. ‘Most of the candidates and potential candidates believed Gov. DeSantis had weaknesses and could be beaten. The fact that he has fallen in the polls has validated that belief and encouraged more people to get in the race,’ former Maryland Republican Gov. Larry Hogan told The Messenger via text message.”

HMM — “Biden bets DeSantis’ ‘Florida blueprint’ will help him flip Sunshine State and win reelection,” by CNN’s Edward-Isaac Dovere: The Biden campaign has quietly started putting campaign cash and efforts into Florida – and will decide in the coming months whether to put more – as it gauges the president’s chances of reversing the reddening of a state he lost by a wider-than-expected margin in 2020. A dozen top Biden and Democratic officials, several of whom asked not speak by name in order to discuss internal plans, told CNN they’re raring to dig in on DeSantis’ championing of abortion restrictions, his ongoing fight with Disney stemming from the company’s opposition to what critics have called the ‘Don’t Say Gay’ law, his lifting of concealed weapons permitting, his crackdown on unlawful immigration and his consistent railing over 'woke' politics."

 

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— “Air DeSantis: The private jets and secret donors flying him around,” by New York Times’ Alexandra Berzon and Rebecca Davis O’Brien

— “Ron DeSantis trails Donald Trump in the polls; 5 reasons he could still win 2024,” USA Today’s David Jackson

— “DeSantis super PAC tackles tricky task of organizing support for him in Iowa without the candidate,” by Associated Press’ Thomas Beaumont

— “DeSantis meets with N.H. governor ahead of presidential launch,” by NBC News’ Julia Jester and Vaughn Hillyard

— “What bills did DeSantis sign as he propelled Florida to the right?” by New York Times’ Neil Vigdor

— “The college student who tracks Elon Musk’s private jet on Twitter is now monitoring the jet used by Ron DeSantis,” by Insider’s Sam Tabahriti

— “DeSantis appoints New College of Florida board member to replace ousted Eddie Speir,” by Sarasota Herald-Tribune’s Zac Anderson

... DATELINE TALLAHASSEE ...

AND THEY BLAMED …COVID? — “Florida religious leaders denounce DeSantis’ years-long pause of Civil Rights Hall of Fame inductions,” by USA Today Network-Florida’s Douglas Soule: “It's in state law: the Commission on Human Relations shall recommend up to 10 people for selection, and the governor shall select up to three of them. Their names and portraits are put up in a corner beside the Capitol entrance. But that hasn't happened since 2019, Gov. Ron DeSantis' first year in office. Some Florida religious leaders, joined by local government and nonprofit officials, gathered on Thursday afternoon in front of the Civil Rights Hall of Fame, which is located neared the entrance of the Capitol building, and demanded to know why.”

— “Fabián Basabe warns youth center funding could be vetoed after Twitter account mocks him,” by Florida Politics’ Jesse Scheckner

 

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TRUMPLANDIA AND THE SWAMP

AS THE PAGES TURN — Former Trump attorney says he left legal team because of infighting, by POLITICO’s David Cohen: Timothy Parlatore, an attorney who recently left former President Donald Trump’s legal team, said Saturday that he departed because of infighting, highlighting disputes with one Trump adviser. “The real reason is because there are certain individuals that made defending the president much harder than it needed to be,” he said to CNN’s Paula Reid on Saturday. “There is one individual who works for him, Boris Epshteyn, who had really done everything he could to try to block us, to prevent us from doing what we could to defend the president.”

GOP senator: ‘I don’t think Trump can win a general election,’ by POLITICO’s Kelly Garrity

— “Donald Trump ad needles Ron DeSantis for national sales tax proposal,” by Florida Politics’ A.G. Gancarski

DATELINE D.C.

DONALDS V. TODD — “Florida Republican spars with Chuck Todd over Trump stance on debt ceiling,” by The Hill’s Julia Mueller: “Rep. Byron Donalds (R-Fla.) on Sunday sparred with NBC’s Chuck Todd over former President Trump’s shifting stance on whether to use the debt ceiling as a ‘negotiating wedge.’ Todd on NBC’s “Meet the Press” highlighted 2019 comments from Trump in which the then-president said ‘I can’t imagine anybody ever even thinking of using the debt ceiling as a negotiating wedge’ and asked Donalds why he doesn’t agree with the former president on this.’”

Rep. Byron Donalds, R-Fla., center, accompanied House Committee on Oversight and Accountability Chairman Rep. James Comer Jr., R-Ky., left, and Rep. Nancy Mace, R-S.C., right, speaks during a news conference.

Rep. Byron Donalds, R-Fla., center, accompanied by House Committee on Oversight and Accountability Chair James Comer Jr., R-Ky., left, and Rep. Nancy Mace, R-S.C., right, speaks during a news conference on the House Republican's investigation into the Biden Family on Capitol Hill, Wednesday, May 10, 2023. | Andrew Harnik/AP Photo

NEW APPEALS JUDGE WITH FL TIES — The U.S. Senate last Thursday confirmed civil rights lawyer Nancy Abudu to the 11th Circuit Court of Appeals, making her the first Black woman to sit on the appeals court, reports Bloomberg Law. The vote was 49-47 with Sen. Rick Scott voting no and Sen. Marco Rubio not voting on the confirmation.

Abudu’s appointment by President Joe Biden is noteworthy because she has had a lengthy history of being involved in legal fights with the state of Florida, especially over voting rights. Abudu was recently the strategic litigation director for the Southern Poverty Legal Center but she was previously the legal director of the American Civil Liberties Union on Florida. Abudu represented people who challenged Florida’s law on restoration of voting rights and the 2021 election law that put in restrictions on mail-in voting, as well as the state’s 24-hour waiting period for abortion.

— “GOP senators unsettled by DeSantis’s escalating fight with Disney,” by The Hill’s Alexander Bolton

— “Dodgers drop drag charity from pride night after protests by Marco Rubio, Catholic groups,” by HuffPost’s Ron Dicker

— “DCCC attacks Anna Paulina Luna, Maria Elvira Salazar over debt vote,” by Florida Politics’ Jacob Ogles

 

A message from Airlines for America:

Did you know? U.S. airlines are proud to employ their largest workforce in more than 20 years – 800,000 workers strong! We are constantly working to secure a pipeline of new employees – pilots, flight attendants, mechanics and others – and strengthening our recruiting efforts to ensure we have the right people in the right place to meet the growing demand for air transportation across the country and around the globe. This is why U.S. airlines are investing heavily in our employees and offering quality jobs with wages above the U.S. private sector average. In 2022, airlines helped 50,000 new careers take off – and we are still hiring! Learn more about U.S. airline jobs at www.airlines.org/jobs.

 
PENINSULA AND BEYOND

WARNING — “NAACP issues travel advisory for ‘openly hostile’ Florida,” by Tampa Bay Times’ Olivia George: “The NAACP, citing Gov. Ron DeSantis’ 'aggressive attempts to erase Black history and to restrict diversity, equity, and inclusion programs in Florida schools,' is urging travelers to rethink trips to the state. ‘Before traveling to Florida, please understand that the state of Florida devalues and marginalizes the contributions of, and the challenges faced by African Americans and other communities of color,’ reads the organization’s formal travel advisory, announced Saturday.”

STOPPING BY — “Lester Holt’s latest twist on ‘Nightly News’ format has NBC anchor testing Florida focus,” by Variety’s Brian Steinberg: “On Monday, [Lester] Holt will probe how insurance companies may have shortchanged residents whose properties were damaged severely by Hurricane Ian, and Sanika Dange, an anchor at Orlando-area NBC affiliate WESH, will report on how climate change is affecting Florida’s tourism industry. On Tuesday, Holt will examine blue-state families who moved to red-leaning Florida, while NBC News’ Gabe Gutierrez looks at the state’s growing national political profile and Constance Jones of NBC-owned WTVJ profiles Barrington Irving, the first Black and youngest pilot to fly solo around the world.”

— “New College of Florida graduates turn backs, wear masks in protest of leadership, changes,” by Sarasota Herald-Tribune’s Steven Walker

— “FPL exec details private meeting with ex-JEA CEO ahead of privatization push,” by Florida Times-Union’s Nate Monroe

— “British author Martin Amis, who died Friday, lived quietly in Lake Worth Beach,” by Palm Beach Post’s Antigone Barton

— “Major credit rating agency warns that GRU governance change will cost taxpayers,” by The Gainesville Sun’s Nora O’Neill

ODDS, ENDS AND FLORIDA MEN

— “SpaceX launches veteran NASA astronaut, three rookies on private Axiom mission to ISS,” by Florida Today’s Jamie Groh: “SpaceX's Axiom-2 mission took off from Kennedy Space Center Sunday evening, carrying the second all-private crew of astronauts on a journey to the International Space Station. The mission that launched from pad 39A at 5:37 p.m. EDT for Houston, Texas-based company Axiom Space — contracted with NASA — is expected to last 10 days. The SpaceX Dragon ‘Freedom’ capsule is slated to dock with the station at 9:30 a.m. EDT Monday, May 22, and remain there for eight days.”

BIRTHDAYS: State Rep. Patt Maney Dane Eagle with Ballard Partners … Sam Ard, senior partner at Ard Shirley & Rudolph … Jillian Lane Wyant of Rep. Matt Gaetz’s office.

 

GET READY FOR GLOBAL TECH DAY: Join POLITICO Live as we launch our first Global Tech Day alongside London Tech Week on Thursday, June 15. Register now for continuing updates and to be a part of this momentous and program-packed day! From the blockchain, to AI, and autonomous vehicles, technology is changing how power is exercised around the world, so who will write the rules? REGISTER HERE.

 
 
 

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