Ron DeSantis recently barred professors from University of Florida campuses from testifying in a lawsuit against the state of Florida’s recent passage of new laws that restrict the right to vote. “University officials told the three that because the school was a state institution, participating in a lawsuit against the state ‘is adverse to U.F.’s interests’ and could not be permitted. In their filing, the lawyers sought to question Gov. Ron DeSantis, a Republican, on whether he was involved in the decision.”
18 U.S. Code § 1512(b) declares that:
“(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—
(1)influence, delay, or prevent the testimony of any person in an official proceeding;
(2)cause or induce any person to—
(A)withhold testimony, or withhold a record, document, or other object, from an official proceeding…shall be fined under this
title or imprisoned not more than 20 years, or both.”
According to the language above, DeSantis’s actions are a prima facie violation of Federal Law. Because the lawsuit has to do with a lawsuit that addresses potential violations of the Voting Rights Act, any proceeding against DeSantis would fall under the Jurisdiction of the Federal Court system. DeSantis’s lawyers will no doubt try to argue that barring the professors from speaking is an internal matter and challenge the jurisdiction of the Federal Courts, at which point it would be necessary to address that there was an obvious attempt to prevent testimony, and that the textbook definition of a legal proceeding is: “…any action, suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or appellate proceeding), hearing, inquiry, audit, examination or investigation commenced, brought, conducted or heard by or before, or otherwise involving, any court or other Governmental Body or any arbitrator or arbitration panel.”
In the American legal system, “probable cause” is defined as “a reasonable belief that a crime has been committed”. Given the information we have above, and the language of 18 U.S. Code § 1512(b), there is obvious reason to believe that Florida Governor Ron DeSantis’s actions constitute a violation of Federal Law. I therefore urge all readers to contact their Senators and Representatives, to ask them to forward a request to the Justice Department of the United States for an investigation of Governor DeSantis, and to appeal to their audience of followers on social media to help build up popular pressure, in hopes that we can make such an investigation a reality.
Update: On October 30th the University of Florida released the following statement:
“Recent news reports have indicated the University of Florida denied requests of some faculty members to participate in a lawsuit over the state of Florida’s new election laws.
The University of Florida has a long track record of supporting free speech and our faculty’s academic freedom, and we will continue to do so. It is important to note that the university did not deny the First Amendment rights or academic freedom of professors Dan Smith, Michael McDonald and Sharon Austin. Rather, the university denied requests of these full-time employees to undertake outside paid work that is adverse to the university’s interests as a state of Florida institution.”
The university’s statement does nothing to nullify the potential for charges against governor DeSantis under 18 U.S. Code § 1512(b). In fact, the statement confirms that there are parties involved who have a vested interest in preventing the testimony of these professors. The University’s statement should be regarded as further evidence of a desire to suppress testimony from employees of the Florida State University system.