Monday, April 03, 2023

In A Round Room, Looking For That Corner

This is not the exit. This is Gym Jordan telling Maria Bartiromo "Everything is on the table" when she asks if he's going to subpoeana Alvin Bragg.  Jordan knows he's not going to do any such thing.  DeSantis knows he's screwed.

He's outsourcing the problem to person or persons unknown to do whatever handwaving solution he's trying to suggest is possible.  He's asking the "Chief Inspector General of the State of Florida" in "consultation with Florida law enforcement" (and who are they, pray tell?) to decide whether this agreement violates Florida civil or criminal law (hint: it doesn't) and to look at what they all did to pull this off (hint again: it's public record) and how they got away with it (hint the third time: because you, Governor, weren't paying attention).

He doesn't ask for an investigation into the ethics of this (which are?  Lawyers have actually written rules of ethics, some of which are enforceable with sanctions up to and including disbarment.  But those are actual rules, not just handwaving about "ethics."  Got any of those to apply to the former Reedy Creek Board, governor?  I didn't think so) as a catchall.  He wants to say somethin' bad was done and he blames Disney for it; but that's about all he'll be able to do.  Can the Florida AG bring a civil action on behalf of the state against Disney (the board has been dissolved and replaced, you can't sue them anymore.  Legally they're a non-entity)?  I doubt it.  Can anyone sue Disney for this?  DeSantis makes claims that sound like grounds to argue against enforcing the contract he doesn't like:

"In addition, based on initial observations of counsel, the RCID board's actions appear to suffer from serious legal infirmities, including, among other things, inadequate notice, lack of consideration, improper delegation of authority, and ethical violations, such as conflicts of interest and self-dealing."

But here's the problem:  who gets to bring that suit?  According to legal authorities on Florida law, only the residents of the district can.  And they are all Disney employees.  If the state doesn't have standing, there's noting DeSantis can do.  And the state of play before his precious law became law, means he doesn't have standing now.  (If you're wondering: no, the law can't be ex post facto.  It can't alter conditions that existed before the law took effect.)

Is there criminal liability?  That would truly be a "political persecution."  Besides, you can't put Disney in jail.

Wrap it up, Governor.  You lost.  You know it.  This letter is full of vague and glittering generalities for consumption by the rubes while we all know you got handed your ass because you weren't watching your backside while Disney was doing public business right in front of you.  But you refused to look.

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