Ethics Complaint Filed Against DeSantis

The Shadow Campaign might be ILLEGAL. 🤔

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The Headlines

Why?

A super PAC aligned with former President Trump has filed an ethics complaint in Florida that accuses Republican Gov. Ron DeSantis of running a “shadow presidential campaign.”

The super PAC Make America Great Again Inc. filed a 15-page ethics complaintWednesday that compared the governor’s ongoing book tour and other public appearances to campaigning.

Source: https://www.westernjournal.com/trump-super-pac-files-ethics-complaint-desantis-alleging-illegal-conduct/

Archive Copy: https://archive.ph/96s7p

The Complaint: Short Version

There is strong evidence that Governor Ron DeSantis has engaged in illegal conduct pursuant to:

(1) Section 112.313(2) of the Florida Statutes (prohibition on solicitation and acceptance of gifts);

(2) Article II, Section 8(h)(2) of the Florida Constitution with his wrongful intent evidenced by his violations of the Federal Campaign Finance Act of 1971, Section 112.31485 of the Florida Statutes (prohibition on gifts from political committees), and Section 112.3215 of the Florida Statutes (prohibition on accepting illegal lobbying payments);

(3) Section 112.313(6) of the Florida Statutes (prohibition on misuse of public position); and

(4) Section 112.313(7) of the Florida Statutes (prohibition on conflicting employment or contractual relationships).

Governor DeSantis’s failure to declare his candidacy is no mere oversight; it is a coordinated effort specifically designed for him to accept, as unethical gifts, illegal campaign contributions and certain personal benefits that are necessarily intended to influence his official decision to resign from office under Florida’s resign to run law.

Part II of Chapter 112 of the Florida Statutes contains standards of ethical conduct applicable to Governor DeSantis. Specifically, the state legislature enacted the ethics laws to ensure that public officials “hold their positions for the benefit of the public . . . regardless of personal considerations [and that] [s]uch officers are bound to observe, in their official acts, the highest standards of ethics . . . regardless of personal considerations.” Upon finding that Governor DeSantis has violated Florida ethics laws and the State Constitution, the Commission should impose on him (and certain political committees) the most severe penalties permitted by Section 112.317 and Section 112.31485 of the Florida Statutes. This includes, without limitation, one or more of the following: (a) impeachment; (b) removal from office; (c) public censure; (d) ballot disqualification; and (e) payment of fines, in certain cases, equaling three times the value of the illegal gift.

Governor DeSantis is Focused on his Shadow Presidential Campaign.

• Governor DeSantis has met with influential figures in early primary states;

• Governor DeSantis’s team is vetting operatives in early primary states;

• Governor DeSantis appeared on television and radio advertisements calling for a convention to amend the United States Constitution;

• People allied with Governor DeSantis launched a 501(c)(4) organization to support his presidential candidacy by sponsoring his events in New York, Philadelphia, and Chicago;

• People close to Governor DeSantis are interviewing staff for a presidential campaign;

• Allies of Governor DeSantis have formed and are raising soliciting dollar donations for a federal draft PAC named Run, Ron, Run!;

• Prominent Republican consultants are recruiting staffers for a DeSantis aligned federal PAC;13 Governor DeSantis met with individuals who are likely to play key roles in his presidential campaign;

• Governor DeSantis’s Florida political committee, Friends of Ron DeSantis, continues to fundraise (despite him being term limited in the State of Florida)15 and has made, in violation of state and federal campaign finance laws, inappropriate expenditures aimed at a national audience; and

• Governor DeSantis has launched a personally lucrative book tour.

Governor DeSantis Solicited and/or Received Millions of Dollars of Benefits in Connection with his Shadow Presidential Campaign

• Friends of Ron DeSantis, Governor DeSantis’s Florida political committee, has raised approximately $12,000,000 and made expenditures in excess of $1,600,000 since January 1, 2023, to promote his presidential candidacy;

• According to the most recent data, Federal political committees, including Ready for Ron, Ron to the Rescue, and Courageous Conservatives PAC, are actively raising money and making expenditures advocating Ron DeSantis’s election as president;

• Ready for Ron made $281,405.21 in disbursements,

• Ron to the Rescue made $1,273.00 in disbursements, and

• Courageous Conservatives PAC made $277,617.23 in disbursements;

• The founder of Ron to the Rescue, a Federal Super PAC, says “he has 10 staffers and about $20 million in commitments to support a DeSantis presidential campaign.”

• The Republican State Leadership Committee, a federal political committee, has thrown its financial support behind Governor DeSantis and has its own fundraising activities in support of Governor DeSantis’s presidential run and has promoted his book;

• Courageous Conservatives PAC has placed paid digital advertisements promoting Governor DeSantis’s presidential run;

• Federal political committees are reportedly making consulting payments for potential presidential campaign staff;

• Ron to the Rescue, a Federal Super PAC, had “a booth at the New Hampshire GOP meeting, manned by staff from the super PAC and volunteers who are from New Hampshire, including former state officials who are supporting the Florida governor[;]”and

• Attendees to the Lincoln Reagan Dinner 2023, sponsored by the Harris County Republican Party, are reportedly paying $500 or more per ticket to receive a copy of Governor DeSantis’s book.

• (b) reportedly intends to host future events featuring Governor DeSantis that will no doubt involve the solicitation even more contributions in furtherance of his presidential run,29 and (c) has paid for Facebook advertisements in Iowa and Nevada to promote Governor DeSantis’s upcoming travel to these states; and

• Governor DeSantis has solicited and received other gifts associated with And to the Republic’s activities, which likely include (a) the use of real property necessary for the book tour and speaking events such as a speaking venue and hotel rooms, (b) air and ground transportation necessary for the book tour, (c) services needed for the events, such as staffing requirements, (d) products needed while attending the speaking events, such as food and beverage.

• In the run-up to his presidential campaign, Governor DeSantis “has agreed to a lucrative book deal with HarperCollins”;

• Royalties, which have been increased by book sales and promotion by political committees, as described above; and

• Governor DeSantis has solicited and received other gifts associated with the book tour, which likely include (a) the use of real property necessary for the book tour and speaking events such as a speaking venue and hotel rooms, (b) air and ground transportation necessary for the book tour, (c) services needed for the events, such as staffing requirements, and (d) products needed while on the book tour, such as food and beverage.

Governor DeSantis Violated Section 112.313(2) of the Florida Statutes

Section 112.313(2) of the Florida Statues prohibits Governor DeSantis from soliciting or accepting “anything of value . . . including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of [Governor DeSantis] would be influenced thereby.”

As will be described below, a Florida Governor’s decision to run for President of the United States necessarily requires the exercise of his official duties. Therefore, anything of value solicited by or provided to him with the understanding that he will run for president and resign as Governor of Florida, pursuant to Section 99.012(4)(a) of the Florida Statutes, is illegal and must be investigated.

Abusing his office to solicit and receive illegal gifts is a critical component of Governor DeSantis’s shadow presidential campaign.

Governor DeSantis Violated Article II, Section 8(h)(2) of the Florida Constitution

Article II, Section 8(h)(2) of the Florida Constitution prohibits Governor DeSantis from abusing his “public position in order to obtain a disproportionate benefit for himself.” The Commission defined the term “disproportionate benefit” as “a benefit, privilege, exemption or result arising from an act or omission by a public officer or public employee inconsistent with the proper performance of his or her public duties.” The rule also specifies that the requisite intent necessary for finding a violation of the disproportionate benefit prohibition is “that the public officer or public employee acted, or refrained from acting, with a wrongful intent for the purpose of obtaining any benefit . . . which is inconsistent with the proper performance of his or her public duties.”

Governor DeSantis Violated Section 112.313(6) of the Florida Statutes

Section 112.313(6) of the Florida Statutes prohibits Governor DeSantis from “corruptly us[ing] or attempting to use his official position or any property or resource which may be within his . . . trust, or perform his . . . official duties, to secure a special privilege, benefit, or exemption for himself . . . or others.” Section 112.312(9) of the Florida Statutes defines “corruptly” as “done with a wrongful intent and for the purpose of obtaining . . . any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties.”

Source: https://www.documentcloud.org/documents/23708031-file_2731_watermark-2

Archive Copy: https://files.catbox.moe/98fpr9.pdf

Closing

Ron has some serious explaining to do.

H/T @antihive on Truth Social