Gov. Ron DeSantis’s close legal advisers instructed the Florida Department of Health to send unconstitutional threats regarding an abortion ballot measure, as stated in a federal court filing. The agency’s top lawyer resigned in protest earlier this month after being instructed to continue sending letters to TV stations warning of criminal charges if they aired an advertisement supporting the abortion measure, as mentioned in an affidavit filed on Monday.
John Wilson, the former general counsel for the state Health Department, revealed in his affidavit that DeSantis’s general counsel and subordinates were responsible for drafting the letters and directing Wilson to send them. Wilson stated, “I did not draft the letters or engage in any discussions about them before October 3,” as per his statement.
By the time he resigned on October 10, the department had sent threatening letters to around 50 stations across Florida. According to court records, at least one station ceased airing the ad.
Amendment 4, if passed, would amend the Florida Constitution to prevent the state legislature from enacting abortion bans or restrictions before fetal viability. It would also prohibit bans that do not include exceptions for the patient’s health, as determined by their healthcare provider.
The affidavit was submitted as part of a lawsuit filed by Floridians Protecting Freedom, the sponsor of Amendment 4, against the threats made to TV stations. These letters were just one of many extreme measures taken by DeSantis and other Florida officials to oppose Amendment 4, including petitioning the Florida Supreme Court to prevent it from appearing on the ballot.
“This affidavit reveals state interference at the highest level,” said Lauren Brenzel, campaign director for Amendment 4 at Floridians Protecting Freedom. “It’s evident that the State is determined to maintain Florida’s unpopular and harsh abortion ban. Their aggressive attacks on Amendment 4 are undemocratic tactics aimed at preventing Floridians from deciding whether Amendment 4 should become law.”
DeSantis’s office and the state health department declined to comment on the lawsuit. The Intercept was unable to reach Wilson for a statement.
Allowing the State to use its own advocacy to silence protected political speech would undermine the rule of law.
A Protest Resignation
According to Wilson, the former top attorney of the health department, the letters were orchestrated by DeSantis’s office, despite Wilson’s objections.
In his affidavit, Wilson stated that Ryan Newman and Jed Doty, DeSantis’s general counsel and deputy general counsel, instructed him to send the letters. He also claimed that a third attorney from the governor’s office, assistant general counsel Sam Elliott, sent him drafts of the letters on October 3.
Wilson resigned on October 10, choosing not to follow the orders from the governor’s office to send out additional correspondence to media outlets, as mentioned in his affidavit.
“A man is nothing without his conscience,” Wilson reportedly wrote in his resignation letter, as reported by the Miami Herald. “It has become clear in recent days that I cannot join you on the road that lies before the agency.”
Wilson’s affidavit to the federal court also alleges that Newman instructed him to execute contracts for outside attorneys to assist with enforcement proceedings mentioned in the letters to TV stations. The health department signed contracts totaling up to $1.4 million with two law firms, as indicated in purchasing documents submitted as part of the lawsuit.
During a press conference on Monday, DeSantis criticized Amendment 4 as vague and extreme. However, the governor failed to address the unconstitutional actions taken by his office to suppress advertisements supporting the amendment.
