In 2021 and 2022 DeSantis was a defendant in State Courts (11th Cir., 3 DCA) that detailed a criminal prosecution by the State of Florida that was brought by the State of Florida and State’s Attorney Amira Fox illegally;
absent a charging document authored by the State or signed by a prosecutor
absent a commencement document listing the State as a plaintiff.
absent service of a charging/commencement document
absent a criminal statute supporting the prosecution
absent standing of the State of Florida in State v. Huminski
The judgment in the case secured a perpetual lifetime speech prohibition forbidding any communication by a citizen of FL with the entire State of Florida government.
[See links below to the seven (7) pages of court record that document the outrage very obviously]
An attorney is sought to attack the conviction for lack of subject matter/personal jurisdiction and lack of standing by the State. Likely in Federal Court requesting injunctive and declaratory relief with an emergency TRO request enjoining the perpetual speech prohibition. If an attorney wishes to seek damages, they can have 100% of the damages. State v. Huminski was a contempt prosecution originating in a civil case Huminski v. Town of Gilbert, AZ. As in all jurisdictions in the USA, contempt is a sui generis common law offense whereby the sovereign does not have the ability to inject itself as a plaintiff absent a criminal statute and absent party status in the underlying civil case. Vacatur of the judgment/conviction will also end the prior restraint issued within the judgment.
Exposing DeSantis and his beloved State’s Attorney Amira Fox who, along with FL Attorney General Ashley Moody, became intimately aware of the above weaponizing of the Florida criminal justice system is necessary. Amira Fox supervised the void criminal prosecution from its inception as the Chief Assistant State’s Attorney prior to her taking office in 2019 and she was responsible for the incarceration in 2019 in State v. Huminski. A criminal case captioned as State v. Defendant needs to have a criminal statute and the State needs to author, serve and file a document to initiate it. All absent in this instance.
The conduct of DeSantis and his Attorney General, Ashley Moody, in State Court litigation in 2021-2022 constitute torts and potential crimes. The above-described prosecution embraced and defended by DeSantis resulted in a permanent injunction that obstructed service of intervention motions filed in Disney v. DeSantis and Andrew Warren v. DeSantis, as such, the conduct of DeSantis in 2 state court actions could be viewed as aiding and abetting or accessory after the fact related to obstruction of justice. The threat against speech protected by DeSantis and his AG in 2021-2022 constitutes per se obstruction of justice of service upon the State of Florida in both Disney v. DeSantis and Warren v. DeSantis. Disney and Warren are still before the federal courts.
The threat embraced and defended by ex-Guantanamo JAG DeSantis in 2021-2022,
The “party” in the “criminal case” happens to be the entire State of Florida government and the speech prohibition stands against a citizen of Florida. First Amendment speech in Florida is only allowed if Governor DeSantis agrees with the content. The above threat of incarceration for contempt for the “crime” of communication with the Florida Government is a forbidden prior restraint upon core protected political expression.
We have just heard DeSantis criticize the weaponization of the DOJ and his boasting of low crime rates in Florida. Also, we have seen DeSantis remove progressive prosecutor Andrew Warren for stating his positions on abortion and LGBTQ+ issues, yet, DeSantis has no problem with a State criminal prosecution absent a charging document authored by the State. The ex-Guantanamo JAG’s positions on justice change with party affiliation. Progressive prosecutors get fired and their right-wing counterparts can get away with official crime. In this instance, State v. Huminski, forgery by the prosecutor was involved.
DeSantis just appointed the prosecutor behind the above illegally initiated prosecution to a new position and he specifically appointed this same far right prosecutor, Amira Fox, to clear his very first law enforcement appointee Broward Sheriff Tony regarding perjury charges. Sheriff Tony perjured his law enforcement applications by ommitting his prior killing of a man and murder arrest. DeSantis’ strong quid pro quo concerning SA Amira Fox, esq..
DeSantis can’t have it both ways. Being against alleged DOJ weaponized prosecutions and against prosecutors for the offense of having progressive views and, on the other hand, support of GOP prosecutor Amira Fox and her patently illegal “criminal” prosecutions absent a criminal statute or government authored charging/commencement document. A void ab initio criminal prosecution intending to silence a citizen-reporter.
The criminal prosecution ended up with a final judgment that included a gag order prohibiting speech with the entire government of Florida – FOR LIFE. The gag order targeted a citizen of Florida and an activist citizen-reporter.
See below document links. Please refer to anyone who may have an interest. I believe this to be one of many smoking guns concerning DeSantis. Thank you for your time. — Scott Huminski, s_huminski@live.com
[the full record on appeal linked to below does not contain a proof of service … there was no service in State v. Huminski]
**** State’s Charging Document absent participation of the State *****
The “charging” document not mentioning the State of Florida anywhere. This was a civil matter hijacked by Amira Fox by simply hand-writing a criminal docket number on this show cause order from a Circuit Court matter. The criminal prosecution was in Lee County Court. Circuit Court contempt matters do not bounce down to the County Courts.
Note: the handwriting 17-mm-815 was added 30 days after this order was issued in the 20th Circuit clearly memorialized on the record. AKA forgery and felony official misconduct criminally actionable to this day. After Amira Fox added the County Court docket, she directed the clerk to file the modified/manufactured “court” order.
****** Judgement in the Case including a prior restraint permanent injunction against all communication with the entire government of Florida – FOR LIFE
The perpetual gag order prohibiting communication with the entire State of Florida government by a resident FOR LIFE is a nice touch. First Amendment? This is the final judgment in the case with the below permanent injunction.
****** Arraignment and bail/conditions of release for F.S. 900.04, a non-crime in Florida ******
Silencing of reporting of crime to the local sheriff is a nice touch. See something say something now is see something, shut up or go to jail for violating pre-trial conditions of release in a non-criminal case. This was a contempt issue, a sui generis common law offense in Florida and every jurisdiction in the USA. The contempt arose in Huminski v. Town of Gilbert, Arizona, 20th Circuit. Contempt in domestic relations cases violative of a protective order are statutory misdemeanors in Florida. Not the situation in Huminski v. Town of Gilbert which was not a domestic relations or family law case.
DeSantis cover-up of Felony Courthouse Forgery 