Ousted FDLE Chief Gerald Bailey met with Federal Prosecutors over firing by Gov. Rick Scott
TALLAHASSEE -- Ousted FDLE Commissioner Gerald Bailey confirmed Tuesday he met two weeks ago with federal prosecutors, who have been prodded to investigate his dismissal and his claims of political interference by Gov. Rick Scott's office.
Bailey said he met with members of U.S. Attorney Pamela Marsh's staff in Tallahassee at their request March 5 for more than an hour. Bailey wouldn't say what they talked about and declined further comment. The agency declined to discuss its interest in the case.
"The U.S. Attorney's Office does not disclose whether a review is taking place or the status of the review," spokeswoman Amy Alexander said.
Bailey's abrupt and unexplained dismissal from the Florida Department of Law Enforcement has triggered a lawsuit by dozens of news outlets now seeking Bailey's sworn testimony. News organizations, open government advocates and St. Petersburg lawyer Matthew Weidner accuse Scott and all three elected Cabinet members, who also oversee FDLE, of violating the Sunshine Law by forcing Bailey from office with no public discussion or vote.
As part of the lawsuit, Bailey voluntarily agreed Tuesday to testify under oath in a videotaped deposition on April 22 in Tallahassee.
The request for Bailey's testimony comes from Sarasota lawyer Andrea Flynn Mogensen, who represents the news organizations in the case, including the Tampa Bay Times, Miami Herald, Associated Press and more than a dozen Florida newspapers and TV stations.
With Scott's credibility in question and with two Cabinet members likely to run for higher office, the possibility of further political fallout from Bailey's testimony could speed up negotiations to settle the case before it goes to trial.
Attorney General Pam Bondi, a Cabinet member and defendant in the lawsuit, objects to taking Bailey's deposition, according to Mogensen's paralegal, Michael Barfield. Bondi's office declined to comment, citing ongoing litigation, and her lawyer has not yet filed a motion to object.
Bondi, Scott, Chief Financial Officer Jeff Atwater and Agriculture Commissioner Adam Putnam are at the center of a controversy that raises questions about routine back-channel discussions among their aides before public votes. Atwater is a possible U.S. Senate candidate next year and Putnam is considered a leading candidate for governor in 2018.
Scott has said the Cabinet members' aides voiced "no objections" to his call for a change at FDLE in December. But Cabinet members voiced shock over Bailey's abrupt ouster and Putnam said he was "misled" by Scott's staff.
Bailey said he was in his office the morning of Dec. 16 when he was ordered by Scott's former counsel, Pete Antonacci, to immediately vacate his job as FDLE commissioner.
Bailey said Antonacci told him he was acting with the "concurrence" of Cabinet members. Antonacci has declined to comment and Scott has said: "I could have handled it better."
As Bailey cleaned out his desk, Scott unilaterally replaced him with one of Bailey's assistants, Rick Swearingen, who had worked closely with Scott and who had overseen the FDLE security detail that protects the governor and First Lady Ann Scott.
http://www.bradenton.com/2015/03/18/5696836/fed-prosecutors-probe-interference.html
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I don't expect this to go anywhere but at least its worth reporting.
