In secret, behind locked gates, our Nation's Oldest City dumped a landfill in a lake (Old City Reservoir), while emitting sewage in our rivers and salt marsh. Organized citizens exposed and defeated pollution, racism and cronyism. We elected a new Mayor. We're transforming our City -- advanced citizenship. Ask questions. Make disclosures. Demand answers. Be involved. Expect democracy. Report and expose corruption. Smile! Help enact a St. Augustine National Park and Seashore. We shall overcome!
A victory for the Rule of Law. Judges, once elected, are protected by judicial independence. As much as TRUMP and DeSANTIS thought they could control the judiciary, they've repeatedly been rebuffed. The power of judicial appointments isn't what anti-democratic forces would suppose. Three cheers for our Florida Supreme Court in today's decision on Marsy's Law affirms Florida's constitutional commeitme4nt to open records, enshrined in the 1992 constitutional amendment, creating Florida Constitution Article I, Section 24, which was adopted by 83% (3.8 million people), affirming our Rights to Know the People's Business.
Police who kill in the line of duty can’t cite Marsy’s Law and self-defense to shield their identity, Florida Supreme Court rules
Ruling also says crime victims’ names are not explicitly protected
In a sweeping decision with major ramifications for police accountability across the state, the Florida Supreme Court ruled that Marsy's Law can't be used to shield the identities of police officers who use deadly force.
The conservative high court, in a 6-0 decision issued Thursday, opined that Marsy’s Law, a constitutional amendment approved by voters in 2018 that granted a number of rights to crime victims, doesn't guarantee anonymity for police officers — or any victim of crime.
"Marsy’s Law guarantees to no victim — police officer or otherwise — the categorical right to withhold his or her name from disclosure," the court opined. "No such right is enumerated in the text of article I, section 16(b) of the Florida Constitution."
The ruling marked a major victory for First Amendment advocates, who argued that police officers — imbued by the government with the power to arrest and use lethal force — aren’t entitled to confidentiality for their on-duty conduct.
Mark Caramanica, a Tampa attorney representing media outlets, called the decision "a win for government transparency."
“The court applied a common sense approach to interpreting Marsy’s Law that reins in overzealous applications that hide newsworthy information from the public," he said. "In this case, the issues could not have been weightier and the court’s ruling prevents police officers from shielding their names when on-duty shootings occur.”
The dispute grew out of two separate incidents in 2020 involving Tallahassee police officers who fatally shot armed suspects who were threatening them. The officers were later cleared by a grand jury.
"Marsy’s Law does not preclude the city from releasing the names of the two police officers whose conduct is at issue in this case," the court wrote. "We quash the decision of the First District Court of Appeal and remand for further proceedings consistent with our decision."
The legal battle began after the city of Tallahassee announced plans to publicly release the officers’ names. The Police Benevolent Association sued, arguing that the officers themselves were victims of a crime and thus were entitled to Marsy’s Law protections.
The city, which was joined by a coalition of media outlets including the USA TODAY NETWORK - Florida and the Tallahassee Democrat, prevailed initially, with then-Circuit Judge Charles Dodson ruling in 2020 that the public had a “vital right” to evaluate the conduct of law enforcement and that Marsy’s Law was never intended to grant officers confidentiality.
Luke Newman, an attorney for the PBA, said the police union was in touch with the two officers, currently known as John Doe 1 and 2, to prepare them for the public release of their names.
"I'm disappointed, and I feel like it was wrongly decided," Newman said of the decision.
Marsy’s Law, which won with 61% approval of the voters, was sold to the public as the Florida Crime Victims Bill of Rights. It gave crime victims numerous new rights, including notification of upcoming court proceedings and the ability to speak out during hearings. It also granted victims “the right to prevent the disclosure of information or records that could be used to locate or harass the victim” or their family.
The Supreme Court addressed that issue directly, writing, "We conclude that Marsy’s Law does not guarantee to a victim the categorical right to withhold his or her name from disclosure. In their ordinary and plain usage, the relevant words of our Constitution, 'information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim' ... do not encompass the victim’s identity."
The opinion was authored by Justice John Couriel, with Chief Justice Carlos Muniz and Justices Charles Canady, Jamie Grosshans and Renatha Francis concurring. Justice Jorge Labarga concurred in the result only, and Justice Meredith Sasso didn't participate in the ruling.
After its passage, law enforcement agencies across Florida began redacting the names of crime victims and in some cases the places where crimes occurred. They also stopped providing names of officers involved in deadly encounters with suspects and in some cases took down videos involving police use of force.
The PBA argued that both of the Tallahassee police officers were victims of aggravated assault when they encountered the two suspects, Tony McDade and Wilbon Woodard. McDade, a Black transgender man who stabbed a neighbor’s son to death before raising a gun at an officer, became a rallying cry by some in the Black Lives Matter movement after he was killed May 27, 2020, two days after George Floyd’s killing by Minneapolis police.
Lawyers for the media argued that what Marsy’s Law was designed to protect “simply falls away” because the victims in the case killed their victimizers. The media coalition include the First Amendment Foundation, the Florida Press Association, the McClatchy Company, the New York Times and Gannett, owner of the Democrat.
Marsy’s Law was first enacted in a 2008 voter referendum in California. It has since passed in 16 other states. The national Marsy's Law for All organization reversed its previous position and announced in October that it didn't believe Marsy's Law should shield the identities of on-duty officers who use physical force, saying "the right to privacy of their name must quickly yield to the public’s right to know."
In a statement Thursday, Marsy's Law for Florida said the ruling that the law be applied "very generally" to all crime victims was "disappointing."
"With the technology available in today’s day and age, it defies common logic that access to a victim’s name cannot be used to locate or harass that victim," said Jennifer Fennell, spokesperson for Marsy's Law for Florida. "With this ruling, the Florida Supreme Court has removed a right which Florida crime victims have been using for nearly five years and have been relying on this protection for their own safety.”
Florida Politics reporter A.G. Gancarski wrote of Governor RONALD DION DeSANTIS that "his once dominant presidential campaign is reeling on the ropes like a spent heavyweight in the 14th round of a prize fight."
Karma?
TRUMP called DeSANTIS "Ron DeSanctimonious."
Is DeSANTIS's failing campaign God's judgment upon bigots and bullies?
When I first observed parvenu pompous politician RONALD DION DeSANTIS in 2012 Congressional primary debate, I thought DeSANTIS was an alien implant from the KOCH BROTHERS.
Having kissed their behinds for a decade, the inauthentic insolent RON DeSANTIS is now persona non grata with the KOCH crowd.
Allegedly, Tucker Carlson called him a "fascist" after a home visit when DeSANTIS was mean to Carlson's dog. (Footnote: As former Assistant County Executive Jerry Thomas Cameron learned, being mean to dogs is not a good career move. Illegally designated a Special Magistrate by County Executive Michael David Wanchicik, Cameron in 2015 ordered the execution of a little 15 pound dog, Cyrus, falsely claiming the dog was "dangerous.")
Query: Is bumptious bully RON DeSANTIS now too fascist for fascists, too kooky for the Koo Klan, the family of the founder of the John Birch Society, which the late Firing Line host and National Review founder and editor William F. Buckley, Jr. condemned as nuts?
How the mighty mouth of the South hath fallen. As my mom would say, "time wounds all heels." From Florida Politics:
Ron DeSantis, once yoked to the Koch Network, is now trashing it
The Governor hasn't always blasted them as tools of the 'establishment.' But then Nikki Haley happened.
Six years ago, in his race for Governor, Ron DeSantis took heat from both his Primary and General Election opponents for being too close to the Koch Network.
Support from the conservative powerhouse group was essential for the former three-term Congressman.
DeSantis worked hard for the Kochs’ backing even before getting into the Governor’s race (winning the unofficial Koch primary against Putnam endorser Richard Corcoran, who went on to work as DeSantis’ Commissioner of Education and now as the New College President).
The network endorsed him before the Primary.
Even then, DeSantis-supportive direct mail went out from affiliated groups despite the Republican National Committee urging donors to divest from Koch’s efforts.
Spokespeople for Adam Putnam and Andrew Gillum made hay of the cooperation, one of many boosts for DeSantis in races he wasn’t expected to win.
A fiery news release from Putnam spokesperson Meredith Beatrice, who has gone on since to work in a variety of roles in the DeSantis administration, asked if “D.C. DeSantis (was) taking Koch money illegally in an attempt to hide his support for weak borders and anti-American trade policy.”
“The anti-(Donald) Trump, open-border Koch group backing D.C. DeSantis isn’t reporting the source of $300K in contributions. This appears to be another attempt from D.C. DeSantis to cover up his betrayal of President Trump,” Beatrice added.
“D.C. DeSantis is choosing to be a puppet of the open-border, anti-Trump Koch brothers and turning his back on President Trump who recently slammed the Koch brothers, calling them a ‘total joke’ and saying they are ‘against Strong Borders and Powerful Trade.’”
Later in the year, the Florida Democrats got into the act on behalf of Gillum.
“If Ron DeSantis wins, the Koch Brothers and their special interest agenda will own the Governor’s mansion — and that’s why they are spending big in this race,” asserted FDP spox Kevin Donohoe.
DeSantis weathered the storm, of course, and the political arm of Americans for Prosperity backed DeSantis for re-election in 2022.
“AFP Action volunteers across the state are ready to turn out to support his re-election,” a spokesperson promised.
In between the campaigns, there was interstitial support. In 2021, the Governor got a glow-up in an Americans for Prosperity spot with a six-figure ad buy dedicated to championing school choice, thanking DeSantis for signing the school voucher bill (HB 7045) and encouraging him to continue supporting vouchers.
That was then, this is now.
Whatever collaborative synergy existed between the Governor and the group was destroyed Tuesday, as rumors that the group would break from DeSantis and endorse Nikki Haley as the candidate who can “win the Republican primary and defeat Joe Biden next November” instead.
Since the endorsement went public, DeSantis’ political operation went ballistic. On Tuesday evening, the Governor said it in his own words, expressing an opprobrium for the group’s absence in recent years.
“I think that their network has taken certain positions that are conservative. Some that are not,” DeSantis said during an interview on Newsmax, where Eric Bollingasked about the “Koch Brothers” backing Haley.
He argued that Americans for Prosperity “supported open borders” and that “Nikki is … very weak on immigration,” and so “that gives her some synergy with that group.”
DeSantis said that “in someone like Nikki,” Americans for Prosperity sees “somebody that’s going to be more aligned with establishment interests.”
The Governor’s statement in a very friendly interview with no particularly tough questions — a Bolling staple — comports with that from his campaign earlier Tuesday.
“Like clockwork, the pro-open borders, pro-jail break bill establishment is lining up behind a moderate who has no mathematical pathway of defeating the former President,” read a prepared statement from DeSantis’ Communications Director Andrew Romeo. “Every dollar spent on Nikki Haley’s candidacy should be reported as an in-kind to the Trump campaign. No one has a stronger record of beating the establishment than Ron DeSantis, and this time will be no different.”
A cynic might respond that if the Koch Network is the “establishment,” this Governor has walked beside them far more than beating them until this very moment when his once dominant presidential campaign is reeling on the ropes like a spent heavyweight in the 14th round of a prize fight.
A.G. Gancarski
A.G. Gancarski has written for FloridaPolitics.com since 2014. He is based in Northeast Florida. He can be reached at AG@FloridaPolitics.com or on Twitter: @AGGancarski
Henry Kissinger: “'The illegal we do immediately' he quipped more than once. 'The unconstitutional takes a little longer.'"
Although he lost 13 family members in the Holocaust, Kissinger was caught on White House tapes advising that the U.S. had no foreign policy interest if Russia killed Jews.
The NY Times obituary states: "The emerging material also revealed the price of an American-interests-first realism. In tapes released by the Nixon Presidential Library and Museum in 2010, Mr. Kissinger is heard telling Nixon in 1973 that helping Soviet Jews emigrate and thus escape oppression by a totalitarian regime was 'not an objective of American foreign policy.' And 'if they put Jews into gas chambers in the Soviet Union,” he added, 'it is not an American concern. Maybe a humanitarian concern.'”
Sick twist.
The NYTimes obituary (below) quoted President Barack Obama:
President Barack Obama, who was 8 years old when Mr. Kissinger first took office, was less enamored of him. Mr. Obama noted toward the end of his presidency that he had spent much of his tenure trying to repair the world that Mr. Kissinger left. He saw Mr. Kissinger’s failures as a cautionary tale.
“We dropped more ordnance on Cambodia and Laos than on Europe in World War II,” Mr. Obama said in an interview with The Atlantic in 2016, “and yet, ultimately, Nixon withdrew, Kissinger went to Paris, and all we left behind was chaos, slaughter and authoritarian governments that finally, over time, have emerged from that hell.”
Mr. Obama noted that while in office he was still trying to help countries “remove bombs that are still blowing off the legs of little kids.”
“In what way did that strategy promote our interests?” he said.
When I was a student at the Georgetown University School of Foreign Service, I reckoned that President Nixon's foreign policy brain was a war criminal, best satirized by the author of Catch-22, Joseph Heller, in Good As Gold, who said Kissinger was "a Shonda for the Goyim." One of our courses was abbreviated in a class schedule as "Contemp. U.S. For. Pol." Knowing Kissinger's works and pomps, I opined that it stood for "Contemptible U.S. Foreign Policy," the result of Kissinger's maladministration, which killed millions worldwide.
Sick twist.
After he left government, Henry Kissinger taught a seminar at Georgetown. I saw Kissinger once as he was descending the long outdoor stairs to 37th Street, with a gaggle bodyguards, and some of his students. What a nasty man.
Good obituary in the New York Times, which limned the megadeath toll from his Godawful foreign policies:
Henry Kissinger Is Dead at 100; Shaped Nation’s Cold War History
The most powerful secretary of state of the postwar era, he was both celebrated and reviled. His complicated legacy still resonates in relations with China, Russia and the Middle East.
David E. Sanger covers the White House and national security. He interviewed Dr. Kissinger many times and traveled to Europe, Asia and the Middle East to examine his upbringing and legacy.
Henry A. Kissinger, the scholar-turned-diplomat who engineered the United States’ opening to China, negotiated its exit from Vietnam, and used cunning, ambition and intellect to remake American power relationships with the Soviet Union at the height of the Cold War, sometimes trampling on democratic values to do so, died on Wednesday at his home in Kent, Conn. He was 100.
His death was announced in a statement by his consulting firm.
Few diplomats have been both celebrated and reviled with such passion as Mr. Kissinger. Considered the most powerful secretary of state in the post-World War II era, he was by turns hailed as an ultrarealist who reshaped diplomacy to reflect American interests and denounced as having abandoned American values, particularly in the arena of human rights, if he thought it served the nation’s purposes.
He advised 12 presidents — more than a quarter of those who have held the office — from John F. Kennedy to Joseph R. Biden Jr. With a scholar’s understanding of diplomatic history, a German-Jewish refugee’s drive to succeed in his adopted land, a deep well of insecurity and a lifelong Bavarian accent that sometimes added an indecipherable element to his pronouncements, he transformed almost every global relationship he touched.
At a critical moment in American history and diplomacy, he was second in power only to President Richard M. Nixon. He joined the Nixon White House in January 1969 as national security adviser and, after his appointment as secretary of state in 1973, kept both titles, a rarity. When Nixon resigned, he stayed on under President Gerald R. Ford.
Mr. Kissinger’s secret negotiations with what was then still called Red China led to Nixon’s most famous foreign policy accomplishment. Intended as a decisive Cold War move to isolate the Soviet Union, it carved a pathway for the most complex relationship on the globe, between countries that at Mr. Kissinger’s death were the world’s largest (the United States) and second-largest economies, completely intertwined and yet constantly at odds as a new Cold War loomed.
For decades he remained the country’s most important voice on managing China’s rise, and the economic, military and technological challenges it posed. He was the only American to deal with every Chinese leader from Mao to Xi Jinping. In July, at age 100, he met Mr. Xi and other Chinese leaders in Beijing, where he was treated like visiting royalty even as relations with Washington had turned adversarial.
He drew the Soviet Union into a dialogue that became known as détente, leading to the first major nuclear arms control treaties between the two nations. With his shuttle diplomacy, he edged Moscow out of its standing as a major power in the Middle East, but failed to broker a broader peace in that region.
Over years of meetings in Paris, he negotiated the peace accords that ended the American involvement in the Vietnam War, an achievement for which he shared the 1973 Nobel Peace Prize. He called it “peace with honor,” but the war proved far from over, and critics argued that he could have made the same deal years earlier, saving thousands of lives.
Within two years, North Vietnam had overrun the American-backed South. It was a humiliating end to a conflict that from the beginning Mr. Kissinger had doubted the United States could ever win.
To his detractors, the Communist victory was the inevitable conclusion of a cynical policy that had been intended to create some space between the American withdrawal from Vietnam and whatever came next. Indeed, in the margins of the notes for his secret trip to China in 1971, Mr. Kissinger scribbled, “We want a decent interval,” suggesting he simply sought to postpone the fall of Saigon.
But by the time that interval was over, Americans had given up on the Vietnam project, no longer convinced that the United States’ strategic interests were linked to that country’s fate.