Earlier today we highlighted some individual prosecution decisions made by the now-suspended State Attorney Monique Worrell.
Now, let’s take a broader look at @GovRonDeSantis’ executive order to see how Worrell was derelict in her duty.
We’ll start with gun crime.
Florida has mandatory minimum sentences for gun crimes.
The Osceola County Sheriff’s Office referred 58 non-homicide Robbery with a Firearm cases to Worrell’s office in 2021 and 2022.
As of May 2023, only one mandatory minimum sentence had been imposed in any of those cases.
That Sheriff’s office also referred 11 non-homicide Carjacking with a Firearm cases and 14 non-homicide Home Invasion Robbery with a Firearm cases during that period.
Out of those arrests, only one resulted in a mandatory minimum sentence being imposed.
Finally, of the 130 cases involving Possession of a Firearm by a Convicted Felon referred to Worrell’s office in 2021 and 2022 by the Osceola County Sheriff’s Office, only five resulted in a mandatory minimum sentence.
Worrell also limited the number of charges for Possession of Child Pornography on which the attorneys in her office could obtain a conviction, even when additional counts could be charged and proven at trial.
Consequently, the Ninth Circuit had among the lowest prison admission rates, on a per capita basis, for crimes involving lewd and lascivious behavior, which includes Possession of Child Pornography and other sex crimes against children.
Worrell also worked to avoid obtaining minimum mandatory sentences for drug trafficking offenses.
The Osceola County Sheriff’s Office referred 32 drug trafficking cases to Worrell’s office in 2021; as of March 2023, only three have resulted in a mandatory minimum sentence.
In 2022, 64 drug trafficking cases were referred to her office; none have resulted in a mandatory minimum sentence.
On a per capita basis, Worrell ranked last among state’s attorneys in the number of people incarcerated for drug trafficking.
Further, under Worrell’s direction, her office used a variety of techniques to allow serious juvenile offenders to evade incarceration where it would otherwise be appropriate.
Her attorneys were generally prevented or discouraged from “direct filing”: charging juveniles as adults.
During her tenure, the Ninth Circuit was dead last in Florida in the percentage of juvenile felony cases that were “direct filed” based on the most serious offense disposed.
Worrell’s office was also uniquely slow in processing cases for juvenile offenders.
Her office took twice as long to process juvenile cases than the Florida average, ranking dead last among Florida districts.
Worrell’s office also prevented or discouraged prosecutors from seeking sentencing enhancements for prison release reoffenders and habitual violent felony offenders.
Finally, Worrell’s subordinates have permitted or required prosecutors to seek the withholding of adjudication in cases where Florida law does not allow that.
Today, @GovRonDeSantis explained that “it is [his] duty as Governor to ensure that the laws enacted by our duly elected Legislature our followed.”
His actions today ensure just that.
For the first thread that went over individual charging decisions, check it out here:
Today, Judge Cameron McGowan Currie dismissed the indictments of James Comey and Letitia James on the grounds that Lindsey Halligan was not properly appointed as US Attorney.
She got it wrong, quite clearly, and will almost certainly be reversed.
Here's the relevant statute. The provision authorizing AG Bondi to appoint Lindsey Halligan to a 120-day term as interim US Attorney is subsection (a). The grant of authority is broad; if "the district in which [an] office of United States Attorney is vacant," Bondi can make an appointment, with the ONLY specified exception being subsection (b). That subsection prohibits Bondi from appointing someone who has been voted down by the Senate.
Comey argued, and Judge Currie agreed (both wrongly) that subsection (d) overrides this, by saying that "if an appointment expires...the district court...may appoint a United States attorney to serve until the vacancy is filled." That's a *concurrent* authority. If it were an *exclusive* authority (meaning Bondi had no right to make consecutive appointments), it would have been mentioned as an exception to her authority in subsection (a).
Judge Currie should have been aware of all these points. This is from the introduction of DOJ's response to Comey's motion to dismiss. In a single page it explains why Halligan was clearly appointed properly, and why Comey should have lost his motion.
Yesterday, Rep. Cory Mills (@RepMillsPress) voted against censuring Ilhan Omar for suggesting Charlie Kirk was to blame for his own murder.
Rep. Mills must resign. He has a conflict of interest and cannot represent his constituents faithfully.
A thread.
Ilhan Omar is loathed by Republican voters, and her comments about Charlie were beyond the pale. This should have been straightforward.
But Rep. Mills claimed that First Amendment concerns guided his vote - and implied that Charlie himself would agree.
One doubts that this is Rep. Mills' actual rationale. For one, Nancy Mace claims that he threatened her over text last night. (Rep. Mace authored the censure resolution against Omar.) Hard to imagine he cares about Ilhan Omar *that much*. So what's really going on here?
With Kilmar Abrego Garcia back in the news, we are already seeing a mountain of bull coming from lefty immigration advocates.
Let's go back into the weeds a bit, and go through some of the falsehoods put into the press by his lawyers and agitators.
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First, there were claims that Abrego Garcia had legal status in the United States. These were always false. Abrego Garcia only had withholding of removal to El Salvador. He is an illegal alien whose asylum claim was denied.
Second, there were (and are) claims that there is no evidence that Abrego Garcia was in MS-13. This is false. There is substantial evidence that he was a member, as I demonstrated in this thread.
Under @RepMariaSalazar's bill, the wife-beating illegal alien MS-13 gang banging human trafficker Kilmar Abrego Garcia could be granted citizenship by a future Democrat administration, with no further changes to American law.
A thread with citations explaining how.
Let's start with the basics of his admissibility. Abrego Garcia entered the United States in 2011 at the age of 16.
That makes him eligible for the Dreamer program under the bill. It doesn't matter that he came on his own volition.
At this point, you might note that he hasn't been continuously present in the United States because he was removed to El Salvador.
Lucky for Kilmar, there's an exception to the continuous presence requirement if you were previously removed.
Let's tell YET ANOTHER story about Kilmar Abrego-Garcia and his alleged membership in MS-13 - and his lawyer playing fast and loose with the facts.
In last night's thread, I explained how Abrego-Garcia's lawyer, Simon Sandoval-Moshenberg, underplayed the evidence that Abrego Garcia was a member of MS-13 contained in the Gang Field Interview Sheet (GFIS).
One of the key parts of the GFIS was the assertion of a confidential informant that Abrego-Garcia was a member of the "Westerns clique" of MS-13, including his rank and moniker. This would be pretty definitive, if true.
How did Sandoval-Moshenberg deal with this in his complaint? Well, he asserted, without equivocation, that the Westerns Clique of MS-13 "operates in Brentwood Long Island, in New York, a state that Plaintiff Abrego Garcia has never lived in."
If true, that would be pretty devastating to the credibility of the confidential informant! And indeed, both Judge Thacker's 4th Circuit opinion and Judge Xinis' district court opinion cite this specific point to discredit the evidence that Abrego-Garcia is in MS-13.
Given how fast and loose Sandoval-Moshenberg played with the GFIS, I decided to try and find the basis for his claim that the DOJ said the Westerns Clique only operates in New York.
When you search "Western Clique" on DOJ's website, all that comes up is one particular MS-13 double murder. But there's no claim by DOJ here that the Western Clique only operates in Long Island - it just says that two particular members of the Western Clique were murdered in Long Island.