DeSantis' Weaponized Justice - Lawfare
DeSantis was elected as Governor of Florida in 2018. The origin of this instance of a weaponized justice system, lawfare, in Florida began in 2017, however, it lingered for years in the courts.
DeSantis became keenly aware as a defendant in multiple court actions that his precious and cherished favorite State' Attorney, Amira Fox, engaged in perhaps the most egregious abuse of an American prosecutor embodying potential serious State and Federal crimes and constitutional deprivations to silence an anti-police state activist.
Noteworthy, is DeSantis' removal from office of two prosecutors for their alleged liberal prosecutorial stances while allowing 20th Circuit State's Attorney, Amira Fox, to engage in an egregious pattern of constitutional violations and outright crime in the pursuit of a vexatious prosecution.
The first major law enforcement appointee of DeSantis was Broward County Sheriff Gregory Tony. When it came to Tony's perjury about his involvement in a murder years before in Philadelphia, DeSantis appointed Amira Fox to prosecute the perjury case concerning sworn papers authored by Sherriff Tony in his law enforcement employment applications. Amira Fox assigned the case to her top prosecutor, Anthony Kunasek, who eventually committed suicide related to the prosecution of an anti-police-state activist who Amira Fox targeted for retaliation because of his views. The target was Scott X of the rock band Scott X and the Constitution Commandos.
After DeSantis' first major law enforcement appointee, Sheriff Gregory Tony, was off the hook for perjury, DeSantis appointed Amira Fox to the statewide Medical Examiners Commission as a quid pro quo award to Fox for letting his appointee Sheriff Tony walk free of criminal liability for his perjury in law enforcement applications.
Lawfare and weaponized justice against Scott X (and the Constitution Commandos).
There was a civil case, Scott X (Huminski) v. Town of Gilbert, AZ. 17-CV-421, 20th Circuit Court (Lee County, FL).
The local sheriff applied for and was granted a gag order on Scott X preventing any communication with the only local law enforcement in Scott X's local jurisdiction (Bonita Springs, Fl).
After the gag order, Huminski reported a crime to law enforcement and Amira Fox demanded that Huminski be tried for contempt. A "see something, say nothing" approach to crime fighting.
Scott X realized he was being set up and filed for bankruptcy invoking the automatic stay of bankruptcy, 11 U.S.C. 262, in April of 2017 which stays all civil case that have potential assets/liabilities the bankruptcy estate such as Scott X v. Gilbert AZ. When Scott X alerted the court, Amira Fox along with her cooperating judge, Elizabeth Krier, refused to obey federal law and the Supremacy Clause to the U.S. Constitution concerning the automatic stay of bankruptcy. They proceeded with the state court case despite the automatic stay of bankruptcy.
Amira Fox then initiated a scheme to get the case docketed as a criminal case and got herself anointed as plaintiff. How did she do this? By getting into the court's docket system and simply entering a new case, State of Florida v. Scott X, and listing the State as a plaintiff. Not one piece of paper was authored by the State or signed by an attorney for the State. It was all computer manipulation to simulate a new County Court misdemeanor charge without a criminal statute.
The full court docket
Here is the entire record on appeal for State v. Scott X also containing content from Scott X v. Town of GIlbert AZ. (2407 pages)
Corruptly missed from the above "criminal" case docket is:
- A criminal statute, the only statute mentioned in statute F.S. 900.04 which doesn't define a Florida crime. One problem, Scott X v. Gilbert, AZ, was a case in FL 20th Circuit Court and was where the contempt allegedly occurred. Somehow the case materialized in a County Court before a judge who was notorious for case hijacking. The only possible way a Circuit Court contempt case appeared in a County Court was via back channel corruption at the courthouse cloaked in secrecy.
- No paper initiating State v. Scott X authored by the State exists in the complete court record.
- No attorney representing the State signed any document initiating the criminal case State v. Scott X.
- No Statute, procedure or rule exists for hearing a Circuit Court contempt issue in a County Court, a court of limited and lower jurisdiction.
- There was no service of a charging document in State v. Scott X. There is a paper documenting service in the Scott X v. Gilbert AZ case of a show cause order authored by the Circuit Court judge, a different Court (County Court not Circuit Court) with a different judge than State v. Scott X.
- On June 29, 2017, Scott X was placed on conditions of criminal release and was placed under corrections department pre-trial supervision pending resolution of his alleged contempt in a civil case.
- There is no paper in the record on appeal authored by the State indicating a charge and nothing signed by an attorney for the State, additionally, there is no notice of appearance by a prosecutor. Amira Fox's to assistant, Anthony Kunasek, just showed up at a hearing. More on the suicide by gunshot to the head of Kunasek later.
A court record indicating "No Charge" and failing to list a criminal statute supportive of a FLorida criminal prosecution is accurate in the below excerpt. There simply was "no charge" and no criminal statute that could form the basis of a criminal prosecution. Under Florida law and U.S. law, contempts are a sui generis common law offense. Florida has one exception - violation of a protective order in a domestic violence/family law context not applicable in Scott X v. Gilbert AZ.
Federal Law - What federal law - Removal to U.S. District Court (Bankruptcy Unit)
Scott X, noticing a corrupt set up scheme, chose to file bankruptcy in April 2017 staying the case, Scott X v. Gilbert AZ, under federal law. Amira Fox and the Circuit Court judge then chose to opt for "full speed ahead" regardless of the federal injunction in place that stayed the case during bankruptcy.
Scott X, shocked by the violation of federal law (automatic stay), chose to remove the case to the United States bankruptcy court on June 26, 2017. Three days later, on the 29th, a hearing was held in State Circuit Court whereby Scott X advised the Circuit Court that the case Scott X v. GIlbert AZ had been removed to the United States Courts 3 days prior chronicled in images below.
The next day, June 30, 2017, a new case in a new court magically appeared on a County Court docket, State v. Scott X, without the participation of the State via authoring a charging document or signing anything.
The judge, in keeping with her deity-like opinion of herself and supportive of Amira Fox, opines as follows:
(from the above record on appeal)
Federal Court - What Federal Court?
Yes, Amira Fox and Judge Krier, any State court case can be removed to Federal Court and it stays there until remand. Amira Fox's so-called arraignment on 6/29/2017 on contempt was removed 3 days prior as it was part of Scott X v. Gilbert AZ that now resided in Federal Court. At the time of the hearing of 6/29/2017 whereby it was ruled that nothing gets removed from Judge Krier's court - "EVER!!!" the case was pending in a Federal Court. See Below, "Date Removed From State: 06/26/17", yet a hearing was held in State court on 6/29/17,
The word "bankrupt" appears 365 times in the record on appeal. All involved knew of this violation of federal law (ignoring the automatic stay of bankrupcty and plowing ahead in State Court after the matter had been removed) including Amira Fox, court clerks and the judge. Applicable may be federal civil rights crimes under 18 USC §§ 241, 242 (conspiracy against rights, violations of rights under color of law). Plowing ahead in State Court after federal removal violated Scott X's Due Process rights secured under the U.S. Constitution and federal bankruptcy law and federal removal law.
Florida Attorney General admits, contempt is not a criminal case.
Scott X was placed on criminal conditions of release and placed under the supervision of the Florida corrections department pending criminal trial. Only relevant to criminal prosecutions. A criminal arraignment was held which, again, only applies to statutory crimes, not contempt (a common law sui generis offense).
The Attorney General of Florida on appeal in Scott X v. Florida opined as follows concerning contempt revealing contempt litigation is not governed by any statutes related to traditional misdemeanors or felonies.
In State v. Scott X, alleged contempt in Scott X v. Gilbert AZ pending in a Circuit Court was bounced to a lower court, Lee County Court, absent any law, rule, statute or procedure. The dockets were electronically manipulated to create a new case without participation of any parties to State v. Scott X. This appears to be the first time in United States jurisprudence that a court case of any type is begun without participation of the so-called parties, Scott X or the State of Florida.
The United States Supreme Court holds the same opinion as the Florida Courts that contempt is a sui generis common law offense.
Bessette v. WB Conkey Co., 194 US 324 - Supreme Court 1904 at 337
... rightfully styled sui generis. They are triable only by the court againstwhose authority the contempts are charged. No jury passes upon the facts; no other court inquires into the charge. Ex parte Tillinghast, 4 Pet. 108. As said by Mr. Justice Miller, speaking for the court, in Eilenbecker v. Plymouth County, 134 U.S. 31, 36:
and the Florida Supreme Court on the topic,
South Dade Farms v. Peters, 88 So. 2d 891 - Fla: Supreme Court 1956
"In the opinion last cited this court adopted the language of the Supreme Court of the United States in the leading case of Gompers v. Buck's Stove & Range Co., 221 U.S. 418, 31 S.Ct. 492, 501, 55 L.Ed. 797, from which we quote also the following:
"There has been general recognition of the fact that the courts are clothed with this power, and must be authorized to exercise it without referring the issues of fact or law to another tribunal or to a jury in the same tribunal. "
The mysterious appearance of State v. Scott X by manipulation of court computers and files without the participation of the plaintiff or defendants is indicative of the depraved use of weaponized justice and lawfare in Florida that DeSantis rewards with appointments of loyal cronies such as Amira Fox. A new court case does not appear out of thin air, the plaintiff files papers to commence any court case civil or criminal.
Amira Fox and Hon. Judge Elizabeth Krier, EVEN A STATE MURDER CASE CAN BE REMOVED TO FEDERAL COURT,
the only issue becomes, will it get remanded under federal abstention doctrines. In a murder case, the case would be remanded to State Court in a flash. In Scott X's situation, his case was remanded 3 months later while the State Court's were litigating the same case as the federal courts. THIS NEVER HAPPENS IN THE UNITED STATES except where extreme State Court corruption is present.
Audio of Hearing of Amira Fox's judge telling the federal courts to POUND SAND. Silence by Amira Fox's assistant that led to his suicide.
Even Amira Fox's hitman, Anthony Kunasek, her chief of special prosecutions, is silent at hearing. Kunasek knew that following the orders of his boss, Amira Fox, implicated him in a bushel barrel of constitutional deprivations, violations of State law and potential criminal liability under State and Federal law.
The point is driven home by his suicide by gunshot to the head when federal investigators requested an interview concerning his conduct.
Anthony Kunasek's Just following orders from his leader, despite his obvious discomfort concerning the ordeal, turned out to be a deadly decision for Anthony Kunasek after Amira Fox thru him under the bus and didn't own up to her position of mastermind of the corrupt lawfare scheme and accept accountability causing the Kunasek suicide. The failure of Amira Fox to accept accountability was the event that caused the suicide.
Judge Elizabeth Krier recuses from the case
The authority, jurisdiction and powers of the Federal Courts had been flushed down the toilet, so, Scott X sent emails to dozens of lawyers at the law firm of the Judge's husband and noted the perversion of the Rule of Law and disrespect for the United State's Courts and federal law by Krier.
She recused/disqualified from the case days later. Do to the behind the scenes courthouse ping-ponging of the case from Circuit to County Court in a transparent attempt to evade the jurisdiction of the federal courts, the judge authored 3 recusal notices that all contain different content and some are filed as "copy" and one has double "copy" "copy" stamps on it. They contain different case captions, different distribution lists and other irregularities. Only original court orders are valid in court cases. Amira Fox and friends were making up procedures absent any law or rule allowing the conduct. Utter chaos and confusion in a supposedly formal court proceeding which should have the appearance of regularity.
The 3 orders of judicial disqualification are located at the record on appeal at pages 104, 29 and 267. The orders filed contain digital manipulation of the Court files whereby the Judge only authored 1 and other details are changed in the courthouse computers (docket #'s, distribution lists, copy stamps). The vast chaos caused by spawning a new case in the County Court is evidenced in that all 3 orders are captioned as being filed in the Circuit Court, however, they erroneously use the docket number from the new County Court case spawned behind the scenes in the back rooms of the court clerk's office.
DeSantis' Knowledge of the vast misconduct of Amira Fox. While concurrently removing liberal prosecutors from office that engaged in no misconduct.
Huminski moved to intervene in federal court cases involving Equality Florida v. DeSantis, Walt Disney v. DeSantis and filed 2 cases in the Florida 11th Judicial Circuit and Florida's Third District Court of Appeal all listing DeSantis as a defendant, all with exacting details of the prosecutorial misconduct.
While DeSantis was busy directing his attorneys on the various cases extensively detailing Amira Fox's unlawful and potentially criminal conduct, DeSantis was busy plotting to remove 2 duly elected left leaning prosecutors for employing prosecutorial discretion in the Tampa and Orlando areas.
The Suicide of Amira Fox's chief of special prosecutions, Anthony Kunasek
Although Amira Fox took credit for supervising every detail of State v. Scott X, 2017 to the present, in her public online statements the dirty work in the trenches was left up to her Chief of Special Prosecutions, Anthony Kunasek.
Approximately 30 days after Scott X initiated his campaign of public litigation and internet postings about the lawlessness of Amira Fox and associates federal investigators requested an interview with Anthony Kunasek concerning State v. Scott X and the obvious corruption and potential violation of a host of federal civil and criminal laws. The weekend prior to the interview, Kunasek took his own life with a bullet to the head. Amira Fox, the top dog, should have owned up to her conduct instead of dumping it on a subordinate and causing the suicide.
In every Florida jurisdiction, judges and prosecutors obey the automatic stay of bankruptcy mandated under Title 11. Hands off! is the rule. A federal injunction is in effect. Similarly, once a case is removed to federal court, it is gone, no case exists in the State. No problem for Amira Fox cheerleading the judge - screw it, its only federal law. This cabal believes they are supreme decision-makers and can use a weaponized justice system to go after an activist despite federal law prohibiting the conduct.
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