WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Thursday, September 17, 2015

BYE BYE, MARCO

I actually wrote this post some time ago, but the time did not seem right.  It is now though.

During the three hours of idiocy last night on CNN, did anybody notice the one answer to a question that really meant something to Floridians?  Trump criticized and challenged Marco Rubio for his voting record and absences from the U.S. Senate.  In attempting to excuse this, Rubio responds  that he is dedicating his life to running for  President.  He stated:  "I am leaving the Senate.  I am not running for reelection, and I am running for President . . "  In other words the representation of the people of Florida is inconsequential, and he doesn't care about his duties to us anymore.

Has anybody wondered why it is that no Republicans have declared to replace Rubio as the junior Senator from Florida, and only one Democrat (Murphy) has declared his candidacy?  What's going on here?  Have Scott and Rubio reached some sort of accommodation?

Pursuant to Sec. 99.012 F.S., Rubio must resign his Senate seat immediately upon qualifying for another office, like if he places his name on a ballot anywhere for the Presidency of the United States (New Hampshire sometime around December 11, 2015).  He can not withdraw that resignation, and thus can not run for re-election for the US Senate.  The statute prohibits an office holder from either running for two offices at the same time, or maintain an elective office beyond the effective date of the office holders prospective effective term of office for which they are running. (His term in the Senate ends on January 1, 2017 and the inauguration of the next President is not until January 20, 2017)  So why hasn't Rubio offered his resignation?  Why aren't Republicans knocking down the door to run?

Is it possible that Scott has agreed to re-appoint Rubio, if his Presidential bid is unsuccessful?  That would create a new "term in office" and allow Rubio to run in November, 2016 (if he meets the qualifying deadline) to retain his newly appointed office.  (By the way, under Senate rules he loses whatever seniority he has obtained.)  Or is it possible that Scott intends to appoint himself, and run to be retained in November, 2016?  Either scenario would keep leading Republicans who know of the deal from declaring.

The Captain seems to be very attuned to Republican politics.  Maybe he has some inside info, or a hint from one camp or the other.

It is time for the press to ask Rubio the question and insist on an answer?  (But he won't.)  "Are you stating that, even if your bid for Presidents unsuccessful, you are telling the people of Florida, you are not  running for re-election?"  I would say they should ask Scott, except he would only say, "Let's get to work."  Anything else is off-script.

16 comments:

Anonymous said...

"Has anybody wondered why it is that ... only one Democrat (Murphy) has declared his candidacy?"

Eh?

Assuming arguendo that Murphy is in fact a Democrat, something on which reasonable people could surely disagree, there is most certainly another candidate in the race: Alan Grayson.

How could you not know this? Grayson is beating Murphy in the polls.

CAPTAIN JUSTICE said...

THE CAPTAIN REPORTS:

Professor, the Republican Nominee for US senate to replace Marco Rubio is someone who I have worked with, someone I know, and someone I can call a friend of mine, and Professor - you will not be that candidate.

YOUR NEXT UNITED STATES SENATOR IS .....

not going to be Marco Rubio. The Republican nominee will likely be a favorite son from South Florida. He was actually born in Madrid, Spain, but has lived in Miami since he was a baby. For eight years he served as a member of the Florida House. Then, instead of running for the State Senate, like most term limited State House members, he ran for and won election as the Miami Dade County Property Appraiser. But, Governor Scott had bigger plans for this young gun. And when the Office of Lt. Governor opened up due to the resignation of Jennifer Carroll, Governor Rick Scott appointed CARLOS LOPEZ-CANTERA as his number two.

Lopez-Cantera has in fact announced that he is a candidate for Rubio's seat. He did so, in the era of technology that we now live in, on none other than on YOU TUBE on July 15th:

https://www.youtube.com/watch?v=XITCWIvAqRE

Here is the story as reported by FOX news:

MIAMI (AP) – Florida Lt. Gov. Carlos López-Cantera said Wednesday he is running for the U.S. Senate seat being vacated by his close friend Marco Rubio, who is running for president.

The 41-year-old Republican announced his entry in a YouTube video — in English and Spanish — that featured his wife and two daughters, along with photos of his Cuban parents.

"As a family, we've decided I'm running for the U.S. Senate, so that your kids and mine can continue to live in the kind of country that gave my family the blessings of liberty and freedom that only America offers," López-Cantera says on the two-minute video.

"I still believe in the America that Washington has forgotten," says López-Cantera, who is of Cuban and Jewish descent and was born in Spain.

López-Cantera will face Republican Congressman Ron DeSantis in the primary. Rep. David Jolly is expected to announce next week that he is running.

Democratic Congressmen Patrick Murphy and Alan Grayson are also seeking the seat.

Read it all here: http://latino.foxnews.com/latino/politics/2015/07/16/florida-lt-gov-carlos-lopez-cantera-running-for-marco-rubio-senate-seat/

CAPTAIN OUT .....
Captain4Justice@gmail.com

Claude Erskine - Browne said...

Rumpole
that State statute has no.legal effect for federal office holders, running for other federal office. A State statute can not control in a federal election

The Professor said...

In the words of William Tecumseh Sherman, "If nominated I will not run. If elected I will not serve."

The Professor said...

So I ask the same question of Lopez-Cantera. Has he offered his resignation effective January 2, 2017? Does the statute not require that? "Domino effect" - who is the next Property Appraiser?

Anonymous said...

The Professor should be careful what he asks for. The Captain just schooled him on politics in Floirda.

Anonymous said...

Professor, the Property Appraiser is Pedro Garcia, who beat Eddy Gonzalez last August. CLC was hand picked by Gov Scott to be Lt.Gov. Get your shit straight, dude!

The Professor said...

9:28 - I actually premised the question in a way that concedes the Captain's better contacts with, and knowledge of, Republican politics. Why do you think I asked him? Therefore, I got exactly the information for which what I asked (for). And I thank the Captain for his input.

Claude Erskine-Browne said...

Please review F.S. chapter 99, the Resign to Run law. 99.012 exempts Federal Office holders and those running for Federal office from the resign to run law.

Anonymous said...

Doh!

Anonymous said...

Big The REN a venue announcement broke on the civil blog comments section.

Anonymous said...

Kathy Rundle
Cost me a bundle
Now I'm doing 33

Should have taken a plea
Then I would be free
Now it's an appeal for me.

Anonymous said...

The Professor needs to go to The REN (a venue) and have a few drinks to relax and have fun.

Anonymous said...

Marco Rubio has already booked The REN a venue for his presidential victory party.

The Professor said...

I have been to Ren and have decided not to return. Just my own opinion.

Anonymous said...

Anyone who has met Lopez Cantera knows that he is an intellectual lightweight. Anyone who knows Rubio knows that he is very bright. That explains why Rubio wants to leave the Senate and why Lopez Cantera wants to go there.