#DeSantis is terrified of facing #Disney in federal court, so he's desperately trying to stack the deck in his favor by claiming the assigned #judge is biased against him. DeSantis doesn't believe a judge should be able to contradict him or his policies. He believes his #power is absolute, and beyond the judgement of the #judiciary.
#GOPfascists #floridafascism #desantisisafascist
https://www.cnbc.com/2023/05/19/desantis-wants-disney-lawsuit-judge-disqualified.html
IANAL, but I see 5 ways this motion to disqualify could go:
• Judge Walker does not recuse as current-news-based hypotheticals are not indicative of bias or prejudgement, just indicative that Judge Walker is paying attention
• Judge Walker declares the motion untimely, as DeSantis has not denied that he is in a retaliatory war with Disney, a fact so obvious that DeSantis should stipulate it or face sanctions for prolonging the proceedings.
• Judge Walker finds technical fault with the transcript excerpts in that without more transcript how are we to know Judge Walker introduced discussion of Disney, as the Governors March 2022 anti-Disney campaign might have been a subject for rhetoric by either plaintiff in the cited cases. (I know I certainly wanted to read more)
• Judge Walker finds some other way to criticize the motion
• Judge Walker "out of an abundance of caution" recuses, basically caving to expected bullying from elements of the 11th Circuit despite a duty not to recuse for frivolous reasons
————
Walt Disney Parks and Resorts U.S., Inc. v. DeSantis, 4:23-cv-00163, (N.D. Fla.)
Free copy of docket here: https://www.courtlistener.com/docket/67271062/walt-disney-parks-and-resorts-us-inc-v-desantis/
On Friday, #DeSantis, #FLDEO, and #CFTOD file a motion (Doc 33) to disqualify Chief Judge Mark E. Walker from the lawsuit filed by #Disney in federal court.
@slcw I agree.
The questions asked by the Judge on 2022/04/01 and 2022/06/21 don't reflect prejudgment, but rather that the Judge was paying attention to the news. The unique way #FLGOP telegraphs its punches would stick in any jurist's mind.
I hunted down the cases, but unfortunately could not find fuller transcripts for context. But do you know who would have fuller transcripts? The judge.
Walt Disney Parks and Resorts U.S., Inc. v. DeSantis, 4:23-cv-00163, (N.D. Fla.) Free copy of docket here: https://www.courtlistener.com/docket/67271062/walt-disney-parks-and-resorts-us-inc-v-desantis/ On Friday, #DeSantis, #FLDEO, and #CFTOD file a motion (Doc 33) to disqualify Chief Judge Mark E. Walker from the lawsuit filed by #Disney in federal court. The primary claim is that this judge has made comments on the record in other cases that indicate that he, like all thinking beings, has prejudged that DeSantis was acting in retaliation. And that he was thinking about Disney at the time. Link v. Corcoran, 4:21-cv-00271, (N.D. Fla.) Free copy of docket here: https://www.courtlistener.com/docket/60036482/link-v-corcoran/ The retaliatory conduct of DeSantis is all over the complaint (Doc 35). Thus it is entirely likely that by 2022/04/01 the judge would have taken judicial notice of the governor's public statements which included Disney. https://twitter.com/SpencerRoachFL/status/1509119958369902595 was quoted in https://www.newsweek.com/disney-risk-losing-itsown-government-florida-1693955 and might have been the subject matter for the Judge's 2022/04/01 hypothetical: "What’s in the record, for example—is there anything in the record that says we are now going to take away Disney’s special status because they’re woke?" But a judge's hypothetical about the evidence on a parallel topic is not evidence of prejudgment. Another cites case is Falls v. Corcoran, 4:22-cv-00166, (N.D. Fla.) Free copy of docket here: https://www.courtlistener.com/docket/63258031/falls-v-corcoran/ (DeSantis was part of the case until 2022/07/08) Again, the judge asked a question on 2022/06/21: "Does it make any difference ... that funding has been cut ... the face mask? ... And then Disney is going to lose its status because—arguably, because they made a statement that run afoul—ran afoul of state policy of the controlling party."
The results are in:
https://mathstodon.xyz/@Arpie4Math/110474293571938709
• Judge Walker does not recuse as current-news-based hypotheticals are not indicative of bias or prejudgement, just indicative that Judge Walker is paying attention
AND
• Judge Walker "out of an abundance of caution" recuses, over 30 shares of stock belatedly discovered BY THE JUDGE to be owned by some not-very-close relation.
âťť[The motion by #DeSantis, #FLDEO, and #CFTOD] is without merit. My use of hypothetical questions referencing facts related to this case, in an earlier case also dealing with the motivations of political actors (including some of the same actors here), cannot raise a substantial doubt about my impartiality in the mind of a fully informed, disinterested lay person.
❝Without exploring all the other defects in the motion, for the reasons noted above and as thoughtfully outlined in [#Disney]’s response, Defendants’ motion is wholly without merit. In fact, I find the motion is nothing more than rank judge-shopping. Sadly, this practice has become all too common in this district.
❝On Friday, May 26, 2023, I learned, and later confirmed, that a relative within the third degree of relationship owns thirty shares of stock in Plaintiff’s parent corporation, The Walt Disney Company.
Update in Walt Disney Parks and Resorts U.S., Inc. v. DeSantis, 4:23-cv-00163, (N.D. Fla.) Free copy of docket here: https://www.courtlistener.com/docket/67271062/walt-disney-parks-and-resorts-us-inc-v-desantis/ On Thursday, Chief Judge Walker sided with #Disney 100% in calling the motion to disqualify as baseless and contrary to law. (Doc 45) Nevertheless, he DQed himself over some cousin or grandchild having 30 shares of stock. ❝Defendants’ motion is without merit. My use of hypothetical questions referencing facts related to this case, in an earlier case also dealing with the motivations of political actors (including some of the same actors here), cannot raise a substantial doubt about my impartiality in the mind of a fully informed, disinterested lay person. ❝Without exploring all the other defects in the motion, for the reasons noted above and as thoughtfully outlined in Plaintiff’s response, Defendants’ motion is wholly without merit. In fact, I find the motion is nothing more than rank judge-shopping. Sadly, this practice has become all too common in this district. ❝On Friday, May 26, 2023, I learned, and later confirmed, that a relative within the third degree of relationship owns thirty shares of stock in Plaintiff’s parent corporation, The Walt Disney Company. Judge Winsor (appointed in 2019) is up-to-bat. Also, Thursday: #DeSantis appoints Charbel Barakat to #CFTOD to fill the vacancy left by Michael Sasso. ———— Update for: 2023-CA-011818-O : Central Florida Tourism Oversight District vs. Walt Disney Parks and Resorts U.S., Inc, (9th Circuit/Orange County) Records can be accessed at: https://myeclerk.myorangeclerk.com/Cases/Search?caseType=CV&caseTypeDesc=Civil%20Case%20Records On Thursday, there was an ex parte hearing?? Is it about Pro Hac Vice admissions? Is it related to the pending motion to dismiss? No details yet.
SLCWđź’Ą
Richard Penner