Florida has strong laws about giving the public access to public records. A taxpayer recently sued to find out who was advising Governor DeSantis when he selected judicial nominees. DeSantis argued that this information was a matter of executive privilege and was not covered by the state’s open records law. A judge agreed. The Miami Herald was outraged. They sense, as do I, that DeSantis not an ordinary Governor. He wants to be in total control of the state. He wants to do what he wants to do. He doesn’t tolerate dissent. He gives off the smell of a fascist. Since he seems to be a front runner to beat Trump, I watch him closely. Everyone should.
Gov. Ron DeSantis has opened yet another front in his endless war to remake Florida in his image. This time, it’s an attack on the public’s right to know and a claim of “executive privilege” that could result in a new level of unfettered power for the governor.
The latest effort to control our state goes to the heart of what government is supposed to do: Represent the people. Governors are not kings. They cannot do whatever they like. Their work is our work. Their records are our records.
We paid for them with our taxes — just like we pay for all the work that is done in Tallahassee, work done in our name and to which we should have almost complete access, except for rare situations in which the government can prove the reason for a (narrow) exception.
But now we have a ruling in a lawsuit, John Doe v. Gov. Ron DeSantis and the Executive Office of the Governor, that runs counter to all of those well-defined concepts of government-by-the-people.
As the Miami Herald reported, an anonymous person filed suit last year asking for documents showing any communication between the governor’s office and “six or seven pretty big legal conservative heavyweights” that DeSantis revealed on a podcast that he’d consulted when making judicial picks for the Florida Supreme Court.
DeSantis’ legal team (which we are no doubt paying for) argued in court that he shouldn’t have to hand over the documents because such things should be kept secret.
The governor needs to be able to talk to anyone and everyone in private if it helps him make good decisions for the rest of us, or so the argument went. In other words, just trust DeSantis, voters. He knows best. Now run along outside and play.
DeSantis is claiming that he does not have to reveal the names of what may amount to a shadow Cabinet because he has executive privilege, a hazy concept even on a federal level, though many presidents have tried to assert it.
Perhaps Florida’s governor has gotten confused about which job he has, amid the talk of a 2024 presidential run.
But the fact remains: No such thing was ever agreed on by voters in this state. Executive privilege is not in the state Constitution or statutes; DeSantis’ lawyers just want it to be so. They want it so badly they’ve tried it in other cases. This time, though, the judge bought it.
BEHIND CLOSED DOORS
In a Jan. 3 ruling, Leon County Circuit Judge Angela C. Dempsey said the governor does indeed have executive privilege and therefore John Doe — and the rest of us — aren’t entitled to see what he does behind closed doors. How does he select judicial nominees? None of your business, you annoying voters. (We’ll be over here cashing your checks, though.)…
And while executive privilege isn’t in the Florida Constitution, public records laws are. Florida voters in 1992 amended the Constitution to include open records and open meeting laws.
Only the Legislature can make exceptions. Take a look at Article 1, Section 249(c) of the Constitution if you want to read it for yourself. The exceptions must be approved by a two-thirds vote of both houses.
And any exception must overcome high hurdles including that it be a “public necessity” and narrowly tailored to fit only the specific bit of information to be kept secret.
It’s not supposed to be used just because the governor doesn’t want people to know the identities of his secret advisers.
Read more at: https://www.miamiherald.com/opinion/editorials/article271924982.html#storylink=cpy
Diane Ravitch's blog 
The entire Republican Party has gone dark. The real legacy of Watergate is that Executive Privilege became a thing. Instead of rejecting it out of hand, politicians have been seeking ways to use it, both Democrats and Republicans. Trump’s ongoing practice has been toying with this as his key strategy with the courts. Although most judges have agreed he is no longer able to claim executive privilege, they do contend that the active president does have such a right. The argument is that, like attorney client privilege, executive privilege allows for more open dialogue on difficult issues. My question is, Does the opaque nature of executive privilege cause more damage to our well being as a country or state than would the requirement that all communication in government be subject to real transparency? I would argue that the history of the abuse of secrecy in our country has caused far more damage to our cause than any embarrassment brought by embarrassing political revelation to the public. Our government’s behavior in the Vietnam War, Jay Edgar Hoover’s taping practices, Watergate, Iran contra, The Iraq War, etcetera, have cost us and the rest of the world much in blood and mammon. Desantis in his attacks on the first amendment, education, and personal privacy have demonstrated a paranoia not seen in politics since Richard Nixon. He knows that he is hiding very unpopular beliefs about American governance and White Supremacy along with misuse of tax revenues for personal gain. If what he really believes sees the light of day he will have to crawl back under a rock. His sole desire is power by any means. He is not a public servant, but a progenitor of power feels no obligation to the general public.. This is not hyperbole, but evident in his ongoing efforts to denounce and neuter any opposition through government fiat supported by a feckless legislature. His legislation has been meant to shut his political rivals up while creating a diversion that takes our eyes off of what he is doing behind closed doors. Desantis is smart and devious and the Republican Party, lead by such corporatists as Rupert Murdoch, are falling in line. Democrats didn’t appreciate the threat of Donald Trump until it was too late. I hope the urgency of this political challenge isn’t falling on deaf ears.
DeSantis wants his thumb on all aspects of life in Florida. He becomes defensive when questioned about his motives or actions. Then, he plans how he will retaliate against anyone that dares to hold him accountable. This is how he defines “freedom,” a word he seems not to understand, yet uses in almost every public speech.
In addition to open records in the Florida State Constitution, Florida enacted sunshine laws in the 1960s. “Today, the Sunshine Law regarding open government can be found in Chapter 286 of the Florida Statutes. These statutes establish a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.” DeSantis is secretive and prefers to operate behind closed doors in direct opposition to Florida state laws. The public needs to understand DeSantis’ dangerous, anti-democratic tendencies before the GOP tries to present him as a candidate for national office.
DeSantis is backed by the billionaire widow of David Koch.
We all likely recall media pretended, in its recent reporting, that what the Koch network said about backing away from MAGA could be believed. The Guardian has now identified two MAGA politicians who attended the Koch network’s recent Palm Springs meeting. The two are Eric Schmitt of Missouri who attended DeSmet Jesuit high school and is infamous for the Great Replacement Theory conspiracy and Andrew Ogles of Tennessee who is a protestant religious fanatic.
Linda: Not sure about Ogles, who owes his seat to the republicans gerrymandering Nashville out of any representation. Ogles knows that he must satisfy the extreme religious crowd in the suburban Nashville district he represents. I think he would support almost any position to get elected.
If DeSantis “smell of a fascist” he is a FASCIST!! As it was in Germany in the 1920’s & 30’s. It is a step by step process slowly eroding people’s freedoms until there was a point that no more freedoms exist. Everything DeSantis does is to create a state in which only he and he allow can make decisions.
One must ask why is DeSantis so afraid to tell people who helps him make decisions. Only a coward would take such actions. He is building a wall to protect himself from having to answer to the voters — to the people of Florida. Only a coward would do that.
Yesterday the Florida legislature struck a deal to give DeSantis control of the fiscal commission that oversees Disneyland. He gets to appoint every single member. Little Mussolini.
It is what the Florida voters want. Total and complete control by a fascist leader. If they didn’t want to be controlled by the thought police, they would have voted him out, rather than overwhelmingly in. They had a choice and they voted for this.
I for one, will never even visit Florida. They will not get a penny of my vacation or business dollars. I feel badly for the few blue areas in the state but sadly, they are being overrun by the crazies.
I agree with you. I have vacationed several times in Florida—in Miami, the Keys, Sanibel.
I will never go to Florida as long as they a fascist governor.
I’m vacationing now in Puerto Rico. Wonderful beaches, good local food, lots of easygoing camaraderie.
Based on recent insinuations, I was fearing you summered in the Hamptons to avoid the hoi polloi. 🧐
I summer on the North Fork, where the real folk live.
He is behaving like a fascist, there goes our Democracy if he gets elected. He is even worse than Trump. The Nazis banned books and burned them. His intrusion into the library system is a reminder of that. If not stopped he could be the next Hitler.
My hope is that DeSatan wins the GOP primary.
Trump says the election was rigged. He never loses.
Trump creates a third party—say, the Patriot Party.
Trump and DeSatan split the GOP.
Biden wins.
“He gives off the smell of a fascist.” Seldom does a clever turn of phrase so precisely match reality. If it walks like a duck….
In case y’all haven’t seen this:
Maté,
That is excellent!
That’s the place I call home! Nailed it.
Waiting here for DeSantis to inform us about what kinds of underwear we should wear. Boxers or briefs? It’s so hard when one has to do one’s own thinking. So great to have Ron to do that for us. I’m suspecting he’s all over tighty whities. These would be just fabulous with his white boots (haven’t seen those since Jane Fonda back in the day). What do you think?
I don’t mean to suggest that you should actually think. We have the Gov from Above to do that for us.
If we can call this “thinking” Bob…
You have a point there, so–whew–it’s all good.
I’d wear whatever tights Lord de Santis would prescribe, and I clean them according to the official schedule. I expect TN would follow suit within a few months, so fashion wouldn’t have to concern us any more.