| | | | |  | | By Gary Fineout | Good morning and welcome to Friday A former top official at the Florida Department of Law Enforcement is moving ahead with a lawsuit that contends he was ousted from his job as chief of staff at the agency because he called out “unlawful, improper and illegal practices.” The whistleblower lawsuit, filed in circuit court in Tallahassee against both FDLE and Gov. Ron DeSantis, is part of the fallout from the contentious battle between the administration and The Washington Post over the Post’s efforts to obtain public records, including records about DeSantis’ publicly financed travel. But the lawsuit by Shane Desguin, a longtime FDLE employee who had risen to the post of chief of staff for FDLE Commissioner Mark Glass, goes beyond the public records tussle, where Desguin and another employee clashed with DeSantis aides over the release of records. The lawsuit points at a series of actions by the administration that Desguin asserts he tried to resist or challenge. He is asking for damages in the lawsuit. Some of the highlights of the lawsuit include: Desguin alleges that DeSantis — through a top official who worked on immigration issues for the governor — wanted FDLE to get photographs and other information about migrants that were being transported from the southern border to Florida through government charter flights. “As these requests escalated, Plaintiff objected, and emphasized, on multiple occasions … that Defendant FDLE could not legally conduct name checks, capture photographs, or compile intelligence files without a criminal predicate or reasonable suspicion, as those actions would be unlawful.” Desguin said he was in meetings when Florida officials discussed transporting migrants by either bus or by flights. The lawsuit states that the “plaintiff voiced multiple objections during these meetings in which he was requested to participate …citing concerns about potential false imprisonment or kidnapping.” The lawsuit alleges that at one point James Uthmeier, the chief of staff for the governor, told Desguin and Glass that it “was imperative to complete at least ‘one flight’ of the migrants from Florida to another state. Uthmeier went as far as suggesting that his tenure as their superior might be in jeopardy if this directive was not fulfilled.” Florida would eventually fly nearly 50 migrants from Texas to Martha’s Vineyard in September 2022. Desguin also alleges that a top official in the governor’s office also pressed FDLE to arrest someone involved in neo-Nazi demonstrations in Orlando last September. He said in the lawsuit that he told Alex Kelly, who was interim chief of staff for DeSantis, that “FDLE could not arrest a person participating in a First Amendment protected activity. Kelly immediately responded by saying, ‘I don’t think you understand. If you look hard enough, you can find a way. The Governor [DeSantis] wants someone arrested today. He [Defendant DeSantis] will stand by you in any arrest.’" The lawsuit comes a few weeks after FDLEwrapped up its own investigation into both Desguin and former deputy chief of staff Patricia Carpenter. That investigation concluded that both former employees violated state rules regarding insubordination, ethics, and workplace conduct. Investigators also contend there was enough evidence to suggest the two were involved in an improper “romantic relationship.” The report also included a statement from an FDLE employee who alleged that during a demonstration of defensive tactics Desguin brought out his gun in his office, cleared the gun of ammunition and then pointed it at Carpenter while explaining what to do in response. Desguin’s lawyer Marie Mattox said that incident never occurred and said the investigation was done to smear her client. The governor’s office did not comment on the lawsuit, but Jeremy Redfern, the governor’s press secretary, said on social media on Thursday that “this guy was under a formal investigation, which revealed that he pointed his firearm at somebody in his office. If I did that while in the military, I would’ve been court-martialed.” FDLE spokesperson Dana Kelly said the agency had not yet received official notification of the lawsuit and does not comment “on any pending litigation.” But Kelly added that Desguin and Carpenter “created workplace chaos, endangered the safety of other employees, and acted dishonestly and unprofessionally.” — WHERE'S RON? — Nothing official announced for Gov. DeSantis.
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FILE - In this image from video provided by the U.S. Senate, Aileen M. Cannon speaks remotely during a Senate Judiciary Committee oversight nomination hearing to be U.S. District Court for the Southern District of Florida on July 29, 2020, in Washington. The federal judge overseeing the Florida classified documents case against Donald Trump is holding a hearing about a potential conflict of interest involving a co-defendant's lawyer. (U.S. Senate via AP) | U.S. Senate via AP | AS THE PAGES TURN PART 2 — “Judge in Trump documents case rejected suggestions to step aside,” by New York Times’ Charlie Savage and Alan Feuer: “The judges who approached Judge Cannon — including the chief judge in the Southern District of Florida, Cecilia M. Altonaga — each asked her to consider whether it would be better if she were to decline the high-profile case, allowing it to go to another judge, the two people said. But Judge Cannon, who was appointed by Mr. Trump, wanted to keep the case and refused the judges’ entreaties. Her assignment drew attention because she has scant trial experience and had previously shown unusual favor to Mr. Trump by intervening in a way that helped him in the criminal investigation that led to his indictment, only to be reversed in a sharply critical rebuke by a conservative appeals court panel.” — “Miami New Times runs slur-filled pro-Trump political ad on back cover,” by Axios Miami’s Martin Vassolo
| | CAMPAIGN MODE | | FIRST IN PLAYBOOK — Rep. Matt Gaetz reelection campaign is launching television ads tearing into his Republican primary opponent Aaron Dimmock. It’s a six-figure ad buy, the campaign said. The 30-second ad that will air for the next 12 days in Northwest Florida contends that Dimmock — a former U.S. Navy officer and aviator — is a “raging liberal” who is “backed by the lobbyists who hate Matt Gaetz.” It’s been previously reported that Dimmock’s campaign committee shared a treasurer with a PAC that was used by former House Speaker Kevin McCarthy. The television ad — which says Dimmock backed diversity and inclusion efforts and Black Lives Matter — comes the same week that the House Ethics Committee detailed an ongoing investigation into Gaetz, including looking at illicit drug use and sexual misconduct. CONTACT SPORT — Republican Sen. Rick Scott, who remains the only statewide candidate running any substantial television ads so far this cycle, launched a six-figure Spanish language ad to coincide with the Copa America soccer tournament that kicked off Thursday night with the Argentina-Canada match in Atlanta. The ad relies heavily on Scott’s record as governor but also dips into a familiar Republican playbook by criticizing likely Democratic nominee Debbie Mucarsel-Powell as a “socialist” and tries to align her with progressive Democrats. — “With giant birth control device as a prop, Democrats keep up attacks against Rick Scott,” by Florida Politics’ Gabrielle Russon
| | DESANTISLAND | | WHAT WE DO IN THE SHADOWS — “DeSantis lawyers argue top deputy’s phone logs not a public record,” by Tampa Bay Times’ Lawrence Mower: “Lawyers for Gov. Ron DeSantis told a judge on Tuesday that records of phone calls about state business made on an official’s private cell phone were not public, a dramatic new interpretation of the state’s public records law and the administration’s latest attempt to shield information from the public. During a nearly two-hour hearing about records relating to DeSantis’ 2022 migrant flights to Martha’s Vineyard, lawyers acknowledged that DeSantis’ chief of staff, James Uthmeier, was using his personal phone, instead of his state-issued one, to conduct official taxpayer-funded business.”
| | ... DATELINE TALLAHASSEE ... | | RESPONSE — “FSU tightens protest rules with new prohibitions,” by POLITICO’s Andrew Atterbury: “Florida State University leaders approved new restrictions Thursday for how and when students are allowed to demonstrate on campus, in the wake of protests that erupted across the country as a reaction to the Israel and Hamas war. The new prohibitions, passed by FSU trustees as a “consent” item without discussion, include no tents on school grounds, no events during final exams and no outside gatherings after sundown without official approval.” POWER PLAY — “PSC rejects public counsel challenge to Duke Energy rate hike request,” by POLITICO’s Bruce Ritchie: A Public Service Commission hearing officer has rejected a challenge by Public Counsel Walt Trierweiler to Duke Energy Florida's three-year, $830-million rate hike request. Commissioner Gabriella Passidomo, the PSC hearing officer on the case, in an order issued Wednesday rejected Trierweiler's arguments that the Duke request amounted to three rate hike cases that require separate proceedings. GUIDELINES — “Florida Supreme Court says peaceful protesters OK under DeSantis anti-riot law,” by News Service of Florida’s Jim Saunders: “Rejecting arguments that the law is ambiguous, the Florida Supreme Court said Thursday that peaceful protesters are not threatened by a measure that Gov. Ron DeSantis and the Legislature passed in 2021 to crack down on violent demonstrations. DeSantis championed the law after nationwide protests following the 2020 death of George Floyd, a Black man who was killed by a Minneapolis police officer. But civil rights groups filed a federal lawsuit challenging the constitutionality of the measure, contending it could lead to peaceful protesters facing charges when demonstrations turn violent.” — “DeSantis OKs bill allowing veterans’ spouses to reside in state VA nursing homes,” by Florida Phoenix’s Jackie Llanos — “Gov. DeSantis’ vetoes anger the arts community as state funding gets wiped out,” by Florida Politics’ Gabrielle Russon
| | PENINSULA AND BEYOND | | WHAT FLORIDA USED TO LOOK LIKE — “Legacy of color: Exploring the Florida Highwaymen’s artistic revolution,” by Flamingo Magazine’s Will Brown: “Doretha Hair Truesdell knows she has more days behind her than ahead of her. But before she leaves this Earth, she will see the Florida Highwaymen recognized in a standalone museum. The South Carolina native has spent the last half-century spreading the gospel of the Florida Highwaymen — a collection of Black artists whose oil-based landscapes, seascapes and paintings of Old Florida were sold alongside Florida’s East coast highways in the ’50s, ’60s and ’70s. ‘I wanted to finish yesterday,’ says Truesdell, who is retired and in her 80s, of the museum.” — “Former top staffer sues Orange-Osceola State Attorney Bain for maternity-leave firing,” by Orlando Sentinel’s Silas Morgan
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