Constitutional Attorney Drills Holes in Lawsuit Against Gov. DeSantis: ‘Stronger on Rhetoric’ Than ‘Facts or Law’
Attorney Jonathan Turley has poured cold water on federal charges against Florida Gov. Ron DeSantis (R) for transporting migrants to Martha’s Vineyard.
What about the lawsuit?
Civil Rights Attorneys Boston filed a class action lawsuit in federal court on Tuesday for accusing DeSantis of “executing a deliberate, fraudulent, and illegal scheme focused on exploiting this vulnerability for the sole purpose of advancing their own personal, financial, and political interests.”
The lawsuit alleges that DeSantis violated the Fourth and Fourteenth Amendments by, among other things, transporting the migrants.
However, DeSantis claimed the migrants left voluntarily and released the Spanish-English document the migrants signed before their trip.
What did Turley say?
That liberal lawyerwho teaches at the Law School of George Washington University, described the lawsuit’s claims as “highly dubious” and stating that in court they “will require substantially more factual support to survive.”
Because DeSantis can show the migrants’ signed forms confirming their trip to Massachusetts, Turley said attorneys must show the consent was “secured by ruse or fraud.” But that’s going to be difficult, Turley explained, because the lawyers point to a pamphlet they claim is deceptive but actually took information directly a Massachusetts government website.
According to Turley, DeSantis can also refer to this several media reports proof that migrants were glad they went to Martha’s Vineyard.
Turley also highlighted the weakness of the lawsuit’s criminal allegations. For example, the lawsuit charges DeSantis and his co-defendants with false imprisonment. But to support this allegation, “the complaint merely describes fraudulent allegations,” Turley noted.
“The complaint is more rhetorical than factual or legal,” said the constitutional lawyer. “A motion to dismiss will be filed and litigants may be able to present further evidence of fraud or misrepresentation to negate their signed waivers.
“However, this is unlikely to result in a serious threat to these ongoing flights from various states,” he added. “This is a civil action that, even if it can survive threshold challenges, will be in the court system for a long time to establish these claims. Many of these claims are likely to be dismissed or dismissed during the course of this litigation.”
Federal District Judge Allison Burroughs, an Obama appointee leads the case. She has not yet set a date for preliminary hearings.
https://www.theblaze.com/news/jonathan-turley-desantis-lawsuit-migrants Constitutional Attorney Drills Holes in Lawsuit Against Gov. DeSantis: ‘Stronger on Rhetoric’ Than ‘Facts or Law’