I read, and wrote, that Governor Scott said he would remove Steve Bateman AGAIN if he were elected. Well, not according to Ben Kuehne Bateman's lawyer. He has a different opinion:
Mr. Kuehne established the following:
• The Governor’s Suspension authority is limited by the Florida Constitution.
• The Governor has NO authority to re-suspend an official after being elected to fill a temporary vacancy based on the same grounds as the original suspension.
• So long as the voters are fully aware of the circumstances of the arrest and suspension when deciding whether to re-elect the official, the will of the people controls.
• Mayor Bateman’s opponents have broadly publicized the arrest and suspension, so the public is fully aware of the accusations to which Mayor Bateman has pled NOT GUILTY.
• Mayor Bateman is PRESUMED INNOCENT and intends to be vindicated and absolved of any allegation of wrongdoing. (there is more go to link)
It still doesn't mean that I have given up on the idea that Homestead voters are stupid.
12 comments:
Here's the distinction, if he were re elected, it is for a new term, not a temporary or partial so the attorney is a little misleading on that one.
This reminds me of when Humberto was suspended by Gov. Chiles he ran for reelection and won. Gov. Chiles said the people have spoken. There is case law on this issue. Ben Kuhene is correct.
Again, this is NOT a special election so the rules are not quite what Mr Keuhne portrays for this situation.
Only a new arrest or the filing of new charges based on new conduct supports a second suspension.
Mayor Bateman has not been charged with any other crime.
Ahh, anticipation of more charges. Subpoenas are still being issued for other Bateman crime investigations. Stay tuned. Bateman will wish he plead guilty and took the 30 years maximum for the first two felonies.
There are precedents in the cases of Raul Martinez and Humberto Hernandez in addition to substantial case law which support Kuehne's position.
There is no ambiguity here. And, the issue can always be litigated.
To the fourth anonymous:
No additional subpoenas have been issued by the State. Perhaps you can counsel us about the wisdom and efficacy of lying about the State's activities.
Bateman will be vindicated and absolved of any allegation of wrongdoing.
Really do you think they would tell you that additional subpoenas were being served? Yeah, NO!
Bateman, his henchmen May and Meno should all take Scott's advice and prepare themselves for impending doom. Even Jeff Porter gets it.
“If Mr. Bateman were to win the election, Gov, Scott would remove him from office the very next day,” Porter said.
Indeed, the office of Florida Gov. Rick Scott said that is exactly what it plans to do.
“Floridians deserve to be represented by people who are 100 percent committed to serving them,” Scott said in an emailed statement to the Herald. “The mayor needs to focus on his family during this legal battle and let someone else step up to serve the people of Florida.”
Read more here: http://www.miamiherald.com/2013/09/27/3655683_p2/suspended-homestead-mayor-faces.html#storylink=cpy
From Spence-Jones v. Dunn: Commissioner Spence-Jones was elected to the Miami City Commission for her first full term on November 29, 2005. She was re-elected for a second full term and sworn into office on November 12, 2009. The following day, she was
temporarily suspended from office by executive order of the governor. She was elected to fill her own vacancy at the resulting special election but was again suspended by executive order.
Sounds like the same circumstances facing Bateman if by some miracle he wins.
Note: Section 112.51, Florida Statutes (2008), permits the governor, by executive order, to suspend from office “any elected or appointed municipal official . . . arrested for a felony or for a misdemeanor related to the duties of office or. . .indicted or informed against for the commission of a federal felony or misdemeanor or state felony or misdemeanor.” §112.51(2). Upon being cleared of the charges, the governor must restore the official to office with full back pay and other emoluments from the time of suspension. §112.51(6).
Homestead is not having a special election.
The case fell apart against Spence Jones and she sued the City. The same thing is going to happen here. Not being a lawyer, unless there's an attorney willing to put his/her name on a post, it's theory to me, maybe from one of the campaigns or an arm chair attorney who doesn't count in a court of law where this will all end up one way or the other.
This is crazy! In Washington D.C., Mayor Marion Barry was re-elected after caught on video smoking crack, arrested by the FBI, served time in federal prison... But Bateman did not hurt anyone, was only helping the city, county, and CHI, and collected a very small sum of money in the process. He has done more good for Homestead than any past mayor! I don't think you have seen the last of him yet! Please follow up when he is vindicated of the trumped up charges against him!
the link in the post is not working anymore. can you provide another link?
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