| | | | |  | | By Gary Fineout and Kimberly Leonard | Good morning and happy Friday. The arena — It’s becoming increasingly clear that the Florida Supreme Court — which has been completely reshaped by Gov. Ron DeSantis — is going to play a pivotal role in the 2024 elections and there’s already a lot of political pressure building on the seven justices. The road ahead — Sometime in the next few months the court (which includes five DeSantis appointees) will make significant rulings dealing with abortion and marijuana. The state’s highest court will have to decide whether to uphold Florida’s current ban on abortions after 15 weeks — which, if that happens, means the six-week ban will then take effect a month later. The judges will also rule on two citizen initiatives dealing with recreational marijuana use and abortion rights. Almost there — The backers of the recreational marijuana initiative already have gathered enough signatures to make the 2024 ballot. The only hurdle left is a court review over whether the initiative sticks to a single subject and the ballot summary is not misleading to voters. But, but, but — Enter Republican Attorney General Ashley Moody. Moody has already asked the court to jettison the pot measure — but late Wednesday her top lawyers filed a new brief that appears to be just as much a political statement as a legal argument. Taking aim — The 26-page brief echoed previous arguments that the measure is misleading because marijuana will remain illegal at the federal level. But then Moody and her team ripped into Trulieve, the medical marijuana company that has provided most of the financial support for the political committee sponsoring the initiative. “In its pursuit of a larger customer base and greater profits, Trulieve has invited millions to join it in a reckless violation of federal criminal law,” states the brief. And there’s more — Moody and her team called Trulieve “reckless” and suggested that the organizers of the initiative and the press are “sowing public misperception.” Questions — The rationale put forth by Moody has left some observers bewildered — but it has also sparked rampant speculation about what happens next and the independence of the court. Will the justices render a decision counter to the position of the attorney general as well as DeSantis — who also opposes legalizing recreational marijuana — and business groups like the Florida Chamber of Commerce? Is the past prologue? — In order to swipe away the marijuana initiative, the court would likely have to ignore the logic used in a previous opinion where justices allowed a medical marijuana measure to make the ballot. (More than 71 percent of voters approved medical marijuana in 2016.) The current justices have already shown a willingness to undo previous rulings. And in her brief, Moody argued previous opinion “does not apply” to ballot initiative reviews. Rebuttal — In a statement Smart & Safe Florida, the political committee sponsoring the initiative, politely pushed back. “We have the deepest respect for our state’s attorney general but feel the brief she submitted missed the mark … as such we hope the court will stick to the current standards laid out in law and will give Floridians the chance to vote on this ballot item.” — WHERE'S RON? — Participating in a Never Back Down bus tour in Iowa through Sunday. His town hall recorded with New Hampshire station WMUR will air at 7:30 p.m. today. Tomorrow he’ll attend Brenna’s Bird’s Big Barn Bash in Adel, and on Sunday he’ll attend Ashley Hinson’s BBQ in Cedar Rapids.
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|  | TRUMPLANDIA AND THE SWAMP | | |  Former President Donald Trump arrives to board his plane at Ronald Reagan Washington National Airport, Thursday, Aug. 3, 2023, in Arlington, Va., after facing a judge on federal conspiracy charges that allege he conspired to subvert the 2020 election. (AP Photo/Alex Brandon) | AP | IOWA POLL — “Trump leads GOP in Iowa, but his hold is less dominant,” by the New York Times’ Jonathan Weisman: “Overall, Mr. Trump has the support of 44 percent of Iowans polled, 10 percentage points lower than the commanding position he holds with Republicans nationwide. Mr. DeSantis is second with 20 percent, slightly better than his 17 percent standing nationwide. MORE TOP LINES — “According to the poll, Mr. DeSantis is seen as the more moral candidate, and although the Florida governor has been knocked for some awkward moments on the campaign trail, he is seen as considerably more likable than Mr. Trump. More than half of those surveyed said the term ‘likable’ was a better fit for Mr. DeSantis, compared with 38 percent for Mr. Trump. The poll also suggests that Mr. DeSantis’s argument that he is the more electable Republican may be resonating with voters.” AND AWAY WE GO — Trump pleads not guilty to charges he conspired to overturn 2020 election, by POLITICO’s Kyle Cheney and Betsy Woodruff Swan: Former President Donald Trump pleaded not guilty Thursday to federal charges accusing him of orchestrating a criminal conspiracy to try to derail the transfer of power after the 2020 election. With hundreds of eyes fixed on him — including from several federal judges who lined the back of the wood-paneled courtroom — Trump stood and declared himself “not guilty” of the sweeping four-count case prosecutors have leveled against him. During the tense, 27-minute proceeding, Trump was seated just 20 feet from special counsel Jack Smith, the man attempting to convict him in two federal prosecutions that could result in lengthy prison sentences. — “Trump plans to use charges to revisit 2020 election, a fraught topic for GOP,” by The Washington Post’s Isaac Arnsdorf, Josh Dawsey and Michael Scherer — “Trump’s jury pool for Jan. 6 trial: A city that remembers the attack,” by The New York Times’ Amy Qin — “Among MAGA extremists, Trump charges draw big talk, small crowds,” by The Washington Post’s Ellie Silverman and Hannah Allam — What’s next in United States v. Trump: choosing a trial date, by POLITICO’s Kyle Cheney — “Trump wants to move his Jan. 6 trial out of D.C. Here’s why it probably won’t work,” by The Messenger’s Adam Klasfeld and Darren Samuelsohn — “Former Florida congresswoman reflects on her Jan. 6 committee role after Trump indictment,” by Palm Beach Post’s Antonio Fins | | DESANTISLAND | |
MOUSE TRAP — Former GOP governors and others rip into DeSantis, side with Disney, by POLITICO’s Gary Fineout: Former New Jersey Gov. Christine Todd Whitman and former Rep. Christopher Shays (R-Conn.) are among a group of former elected officials and government staff siding with Disney in its battle with DeSantis. Whitman and Shays are part of a group that also includes former Minnesota Gov. Arne Carlson and commentator Bill Kristol that filed a legal brief late Wednesday in federal court. The legal brief tears into the moves of the Republican presidential candidate as “anti-democratic” and said that the high-profile lawsuit is a “case that squarely implicates some of the country’s most cherished freedoms.”
HURRICANE FUND — “Casey DeSantis raised $63M for Hurricane Ian relief. Where did it go?” by the Orlando Sentinel’s Skyler Swisher: “Volunteer Florida reports it has awarded about $54 million to charity and response agencies. About $9 million is left to be allocated as the one-year anniversary of the storm approaches, the organization said. In Central Florida, money from the fund is being used to build affordable housing for seniors, clean up flooded houses, cut down storm-damaged trees and address other damage not covered by insurance or FEMA, disaster relief officials said.” NBA PLAYERS UNION REAX — “NBA players union calls Orlando Magic donation to DeSantis ‘alarming,’” by The Hill’s Olafimihan Oshin: “‘NBA governors, players and personnel have the right to express their personal political views, including through donations and statements,’ the union said. ‘However, if contributions are made on behalf of an entire team, using money earned through the labor of its employees, it is incumbent upon the team governors to consider the diverse values and perspectives of staff and players.’” WARM HANDOFF — “DeSantis' state-funded office hires ousted campaign aides,” by Axios’ Sophia Cai and Alex Thompson: “They include conservative influencer Will Chamberlain, who now works in the state general counsel's office along with two other former campaign workers — digital aide Jordan Chamberlain, who is Will's wife, and another communications aide." SHOT — “DeSantis vows to ‘start slitting throats on day one,’” by The Hill’s Julia Manchester — He was speaking figuratively and referring to the “deep state.” CHASER —” Federal employees union slashes back,” by Florida Politics’ A.G. Gancarski: “‘We’ve seen too often in recent years — from the Oklahoma City bombing in 1995 to the sacking of the Capitol on January 6, 2021 – that violent anti-government rhetoric from politicians has deadly consequences,’ said AFGE National President Everett Kelley. ‘Any candidate who positions themselves within that shameful tradition has no place in public office.’”
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| | ... DATELINE TALLAHASSEE ... | |
SCHOOL DAZE — AP Psychology ‘effectively banned’ in Florida over sexuality lessons, College Board says, by POLITICO’s Juan Perez Jr. and Andrew Atterbury: “But the DeSantis administration denied the College Board’s latest claims, and instead blamed the nonprofit for attempting to cut off access to the course. The Florida Department of Education, in a stinging response, accused the College Board of ‘playing games’ with students by cutting off access to the course with the school year mere days away. State education officials chided the nonprofit for not ensuring that its college credit psychology class complied with state law as other AP providers did, such as the International Baccalaureate program.”
| | CAMPAIGN MODE | |
WHISPERS — “Chip Roy says Republicans privately prefer DeSantis, but are scared to ditch Trump,” by the Washington Examiner’s Julia Johnson: "A lot of them just don't want to break from the former president. But when you talk to them privately, they say, 'Oh man, I really, really like Gov. DeSantis. I really think he's in a good spot. I really think he might give us a better shot in the general [election]. And he can serve eight years — all these things. But I just don't know about coming out against Trump,'" Roy said.
MEMO — Trump campaign senior advisers Susie Wiles and Chris LaCivita circulated a memo to reporters on Thursday that compared DeSantis’ — “or is it DEE-SAN TAS?” they mocked — reboot to “New Coke.” “New Coke fell flat after much fanfare,” they wrote. “Studies showed that the more people consumed it, the more they disliked it. Does that sound familiar?” They challenged reporters to stop comparing DeSantis’ reboot with that of the 2008 GOP nominee, John McCain, saying that the late U.S. senator didn’t spend his reboot defending a video with Nazi imagery or comments that slavery provided some “benefit” to enslaved Americans. RESPONSE — DeSantis press secretary Bryan Griffin told us Trump spent “a lot of time and ink trying to convince people DeSantis will not become the nominee” because his team feels “threatened.” “And they should be,” he added. “No one will outwork the governor.” MEANWHILE — “DeSantis fueling conspiracies in fight to overtake Trump, analysts say,” by USA Today Network-Florida’s John Kennedy: “But in aiming at Trump, who espoused false conspiracies as costing him re-election, DeSantis also floated a few off-center ideas. The Federal Reserve, Amazon, the IRS, and World Economic Forum were just some of the institutions DeSantis portrayed as malevolent powers.” GEARING UP — Latino Victory Project, along with local groups Florida Rising and Alianza for Progress, will be meeting for two days in Orlando to help train Latino leaders to run for office. Organizers say the training is expected to bring in Latinos, marking the highest number of participants for the Path to Victory training. Afterward, current and former Latino politicians will gather to discuss their political power. Among those slated to participate are Rep. Maxwell Alejandro Frost, state Rep. Johanna López, and former state Rep. Carlos Guillermo Smith. The training will take place today and tomorrow, with support from the National Democratic Training Committee, Pipeline Fund and Run for Something. Response — “From South Florida to the Panhandle, progressives are making their voices heard amid conservative attacks against education, members of LGTBQ+ community, immigrants, and people of color,” said Sindy Benavides, executive director of the Latino Victory Project. “Latino Victory is committed to building a bench of progressive Latino leaders who will fight against these attacks and, in turn, strengthen our democratic values.” — “Joe Biden builds finance team, including Central Florida native Jessica Porter,” by Florida Politics’ Jacob Ogles | | PENINSULA AND BEYOND | |
— “Grappling with new law, fearful Florida teachers tossing books, resellers say,” by USA Today Network-Florida’s Douglas Soule
— “Former executive at firm that paid Suarez $170K says CEO improperly redirected loan funds,” by Miami Herald’s Jay Weaver — “Despite prohibitive new state law, St. Pete leader looking for ways to protect renters,” by WFTS’ Chad Mills — “Florida man who dropped appeals is executed for 1988 hammer killing of a nurse,” by the AP’s Curt Anderson | | ODDS, ENDS AND FLORIDA MEN | |
BIRTHDAYS: Former State Rep. Andrew Learned … Writer and journalist Leonora LaPeter Anton of the Tampa Bay Times … Herbie Thiele with Sachs Media
(Saturday) State Sen. Ed Hooper … State Rep. Tyler Sirois … Resident Commissioner Jenniffer González-Colón (R-Puerto Rico) … (Sunday) … State Rep. Tom Leek … Arlene DiBenigno ... Sergio Bustos, news director for WLRN public radio and television
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