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Questions about DeSantis' congressional map

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Aug 11, 2023 View in browser
 
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By Gary Fineout and Kimberly Leonard

Good morning and happy Friday. 

Come on, let's go — Well, there’s a bit of squabbling going on about a political consultant named Thomas Bryan.

Is this all there is? — The groups that are challenging Florida’s current congressional map — the one that dismantled former Rep. Al Lawson’s north Florida seat — really want to ask Bryan questions ahead of the federal trial scheduled to start Sept. 26. (A separate challenge in state court is due to start later this month.)

I got to let you know — Why? According to court filings it turns out that Bryan, the founder and owner of BryanGeoDemographics, a firm that specializes in redistricting and voting rights litigation, “worked in some capacity” with the administration of Gov. Ron DeSantis when the governor’s office drew up the map that resulted in Republicans gaining four more seats in the state. Another point of interest: During a deposition with Adam Foltz, who had worked with Republicans on redistricting in Wisconsin and Texas and then helped DeSantis’ efforts, it was disclosed that Foltz was not paid by the state … but by Bryan.

That train don't stop here — Lawyers representing Common Cause, Fair Districts Now, the Florida branch of the NAACP and others who are suing the state asked to depose Bryan. The answer was no. So the groups asked a federal court in Virginia, where Bryan lives, to order the deposition. Last month the case was shifted to federal court in Tallahassee and now U.S. District Judge Allen Winsor, an appointee of former President Donald Trump, is weighing what to do about this.

Set me free — Lawyers for DeSantis and Secretary of State Cord Byrd contend that Bryan should be shielded from a deposition, primarily arguing that he is covered by “legislative privilege.” But they also produced a statement where Bryan says that while he was the one who verbally hired Foltz, he had nothing to do with drawing the maps ultimately approved.

Don't worry baby — “I did not draw or propose any congressional redistricting boundary or map,” Bryan said in a July declaration filed with the court. “I did not discuss or assess compliance with state or federal law or provide advice of any kind to inform the draw of any individual districts or plans in their totality.” (Interestingly enough, ProPublica mentioned Bryan in an October 2022 story where he acknowledged that he was brought in to help by a well-known attorney who has worked with Republican redistricting efforts around the nation. “There’s a core group of attorneys that works with the party and then they work with specific states,” he said. “It’s not a coincidence that I worked on Texas, Florida, Virginia, Kansas, Michigan, Alabama.”)

The neighborhood — Bryan, who was paid by the law firm working for Byrd and DeSantis, said that he handed Foltz geographic and demographic information and nothing else. Foltz worked with Alex Kelly — who is about to be the acting chief of staff for DeSantis — in drawing up the maps presented and ultimately adopted by the Legislature after the governor vetoed the first map approved by lawmakers.

A matter of time — Winsor has given lawyers challenging the map until next week to explain why Bryan should be deposed. Those suing have already been limited in what kind of information they have been allowed to ask in the case. Kelly, for example, has been allowed to avoid answering questions about internal deliberations … the kind of information that resulted in Florida’s last redistricting effort to get tossed.

— WHERE'S RON? — Gov. DeSantis will participate in a Never Back Down bus tour in Iowa. On Saturday, he’ll attend the Iowa State Fair and participate in a Fair-Side Chat with Gov. Kim Reynolds. He’ll also speak with local Iowa media.

Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for Playbook? Get in touch: kleonard@politico.com.

 

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DESANTISLAND


SPEAKING OUT — ‘Academic bomb in our community’: Black leaders decry Florida’s African-American history standards, by POLITICO’s Andrew Atterbury: Black elected officials, religious leaders, educators and community members railed against Florida’s controversial new standards for teaching African American history Thursday evening at a town hall in Miami that was supposed to feature the DeSantis administration’s top education official….“Ron DeSantis knew that this was going on, Manny Diaz knew that this was going on,” Fedrick Ingram, secretary-treasurer with the American Federation of Teachers and a former state union leader, said at the event, going as far to call Diaz a “coward” for avoiding the meeting.

THE F WORD — DeSantis’ decision to suspend central Florida prosecutor Monique Worrell continues to be denounced by Democrats and the leaders of civil rights and Democratic activist groups. During a Thursday evening rally held on the steps of Orlando City Hall, Rep. Maxwell Alejandro Frost said he had seen a headline that questioned whether DeSantis was “brave” or an “authoritarian.” “I have a better word for it — fascist,” Frost said. “Not hyperbole but definition.” Democratic state legislators at the rally also railed at DeSantis and they too called DeSantis a “fascist.” Worrell was one of the final speakers at the rally and repeated her assertions that DeSantis was a dictator. She said that DeSantis was stealing an election from Orange and Osceola county voters who elected her in 2020.

— “DeSantis-appointed state attorney cancels diversion programs, nixes policy following Worrell’s ouster,” by Orlando Sentinel’s Christopher Cann

— “After 2nd suspension of a state attorney, fears grow over GOP plan to consolidate districts,” by The Ledger’s Gary White and USA Today Network-Florida’s John Kennedy

DRILLING — “DeSantis supports offshore drilling and fracking, just not in Florida,” by the Tampa Bay Times’ Josh Archote: “The position is part of DeSantis’ plan to ‘unleash American energy independence,’ while maintaining Florida as the only Gulf state without rigs, refineries and pipelines dotting its coast.”

SEVEN FIGURE BUY — Never Back Down released two new ads Thursday showing Trump attacking Reynolds and Gov. Chris Sununu, in Iowa and New Hampshire, respectively. The ads state, “Joe Biden is destroying America, and instead of looking to America's future, Trump is busy attacking Republican governors."

MOODY’S TAKE — “Florida's attorney general says DeSantis suspending an elected state attorney is 'democracy in action,’” by Insider’s Madison Hall: “‘What I love about this governor is he never walks past a problem,’ Florida Attorney General Ashley Moody said. ‘Our constitution requires him when there is an officer that is not doing their job — from either due to malfeasance or incompetence — to take action and remove that elected official. ... And Governor DeSantis said, 'Look, I have a duty here under the Constitution to protect the citizens of Florida. This is a law and order state, and I'm going to do that.’”

— “DeSantis’ megadonors watch and wait as campaign struggles,” by the Orlando Sentinel’s Jeffrey Schweers 

— “Four major challenges facing Ron DeSantis’s campaign,” by The New York Times’ Trip Gabriel

— “Black leaders blast DeSantis 'atrocities' outside state education building,” by Tallahassee Democrat’s James Call 

— “Ron DeSantis says he’s open to drone strikes on Mexican drug cartels,” by NBC News’ Alex Tabet

— “Ron DeSantis tells Iowans he was fighting ‘woke’ with his latest State Attorney suspension,” by Florida Politics’ A.G. Gancarski

TRUMPLANDIA AND THE SWAMP


TRUMP FACES CHALLENGE FROM THE RIGHT — “Conservative case emerges to disqualify Trump for role on Jan. 6,” by New York Times’ Adam Liptak: “Two prominent conservative law professors have concluded that Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning.”

Their verdict? “Donald Trump cannot be president — cannot run for president, cannot become president, cannot hold office — unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.”

Why it matters: It may “encourage and undergird lawsuits from other candidates and ordinary voters arguing that the Constitution makes him ineligible for office.”

Donald Trump walks to speak with reporters before boarding his plane.

FILE - Former President Donald Trump walks to speak with reporters before boarding his plane at Ronald Reagan Washington National Airport, Aug. 3, 2023, in Arlington, Va. (AP Photo/Alex Brandon, File) | Alex Brandon, File/AP Photo


LETTER — “Targeting DeSantis, Trump team warns state parties that super PACs can’t act as an arm of a campaign,” by The Associated Press’ Michelle Price: “David Warrington, an attorney for Trump’s 2024 campaign, contends in the letter that a super PAC … should not be allowed to undertake traditional campaign activities that directly benefit a candidate or ‘act as de facto campaign arms.’”

FOUR MONTHS — Special counsel proposes Jan. 2, 2024 trial for Trump on election charges, by POLITICO’s Kyle Cheney: That aggressive timeline would put the weighty criminal trial first on Trump’s crowded calendar of criminal proceedings and guarantee an extensive airing of the grave allegations against him just before Republican primary voters head to the polls.

DOCS CASE — “Trump valet pleads not guilty in classified documents case; property manager’s arraignment postponed,” by The Associated Press: “Donald Trump’s valet, Walt Nauta, appeared before a judge on Thursday and pleaded not guilty to conspiring with the former president to obstruct the investigation into his possession of classified documents at his Florida estate. But the property manager of Mar-a-Lago, Carlos De Oliveira, was again unable to enter a plea in the case because he still hasn’t secured a Florida-based attorney, which is required under local court rules.” 

— “Even as some backers worry he’s a liability in 2024, Trump is still winning,” by NBC News' Jonathan Allen

— “Trump’s Truth Social tipped FBI to man killed during arrest attempt for Biden threats,” by CNBC’s Dan Mangan

— “Trump says he won’t sign loyalty pledge for GOP debate,” by New York Times’ Maggie Astor

CAMPAIGN MODE


THE SABATINI FILES — “GOP candidate plagiarized massive segments of his college thesis,” by The Daily Beast’s Roger Sollenberger

— “Democrats want to take on Anna Paulina Luna in 2024. But they need a candidate,” by Tampa Bay Times’ Josh Archote

— “Francis Suarez blasts Joe Biden admin, calls for immigration reform during southern border visit,” by Florida Politics’ Jesse Scheckner

— “Six qualify for state House special election in east Orange, Osceola,” by Orlando Sentinel’s Steven Lemongello

DATELINE D.C.


FLORIDA MAN — “Tommy Tuberville: Florida’s third senator?” by The Washington Post’s Glenn Kessler: “Tuberville’s office says his primary residence is an Auburn house that records show is owned by his wife and son. But campaign finance reports and his signature on property documents indicate that his home is actually a $3 million, 4,000-square-foot beach house he has lived in for nearly two decades in Santa Rosa Beach, Fla., located in the Florida Panhandle about 90 miles south of Dothan.”

PENINSULA AND BEYOND


FINGER POINTING — Corcoran suggests federal education probe is politically motivated, by POLITICO’s Andrew Atterbury: Former education commissioner Richard Corcoran attempted to swat away controversy tied to a lingering federal investigation Thursday as he interviewed to become the long-term president at New College of Florida. In his first public response to the probe, Corcoran defended his tenure as the top education official for Gov. Ron DeSantis in the face of federal investigators digging into the handling of a multimillion-dollar contract to oversee a rural school district under his watch. Corcoran seemed to suggest that the investigation is tied to the Biden administration's frequent opposition to Florida’s — and DeSantis’ — education policies during his interview with New College trustees.

— “State drops charges against New College of Florida student accused of spitting on trustee,” by Sarasota Herald-Tribune’s Steven Walker

— “New College president search: Richard Corcoran accuses VP Harris of not reading Black history standards,” by Florida Phoenix’s Jackie Llanos

— “Florida schools try to adapt new rules on gender, bathrooms and pronouns,” by The New York Times’ Dana Goldstein

— “As school bells ring, Democrats sound alarm about DeSantis’ education policies,” by the Sun Sentinel’s Anthony Man 

— “Culture wars creeping into public libraries in Ron DeSantis' Florida,” by USA Today Network-Florida’s Douglas Soule

— “South Florida’s cruise business, is well, cruising again,” by WLRN’s Tom Hudson

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 
...HURRICANE HOLE...


HURRICANE WATCH — “NOAA forecasters increase chance of ‘above-normal’ hurricane season,” by Tampa Bay Times’ Michaela Mulligan and Max Chesnes: “In a mid-season update, the federal forecasters announced they are anticipating 14 to 21 named storms, of which 6 to 11 will become hurricanes and two to five will reach major hurricane strength. Major hurricanes have sustained winds of 111 miles per hour or greater. Forecasters now predict a 60% chance of an above-normal Atlantic hurricane season (up from a 30% chance predicted in May), a 25% chance of near-normal activity, and a 15% chance of a below-normal season.”

— “Study will examine whether a slowing Gulf Stream could bring more Florida flooding,” by Tampa Bay Times’ Nicolás Rivero

ODDS, ENDS AND FLORIDA MEN


BIRTHDAYS: CBS Miami’s Jim DeFede ...

(Saturday) Former Rep. Connie Mack IV ... former state Rep. Matt Caldwell …

(Sunday) Former Rep. Lincoln Diaz-Balart

 

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