The lives of Floridians could be changed forever.

Thanks to the “vigilance” of Representative Lake Ray from Jacksonville, it has come to our attention that our way of life in the Sunshine State is at serious risk of being conquered or destroyed by foreign invaders.

As a precautionary measure, Rep. Ray is trying to pass the ridiculous “Prevention of Acts of War” bill that would secure our way of life based on Florida’s power to defend itself against the imminent threat of surreptitious invasion the state has been facing for the last 15 years.

How is this bill supposed to help us during a time of war?  Let’s get into it.

First let’s gain some clarity on just who our enemies are. Presumptively, “foreign refugees or immigrants”—or persons who are not United States citizens but seek entry in Florida—are potential suspects.  They may be “invaders” who are conspiring to “violently injure” Floridians’ way of life, “weaken or conquer” some part of Florida, or wage war against the United States.

In order to figure out which refugees and immigrants are invaders, the bill asks the Florida Governor to label some refugees as “restricted persons” if the refugee “originates from or has been in close proximity to, any location designated by the Governor in which . . . invaders or prospective invaders are known to originate, organize, or train for violent acts of war.”  And just in case the Governor were stumped by these ever-so-clear definitions of where invaders come from, the bill helpfully specifies that its provisions do not apply to foreign refugees and immigrants from the Western Hemisphere.  Good news, South Americans and Western Europeans!  And sorry, Middle Easterners, Africans, and Asians, but you know how it is.

Map of Earth with "Application Denied" on Eastern Hemisphere. No hard feelings, most of humanity.

The legislation would further aid in protecting Floridians by prohibiting state officials from helping in the resettlement of refugees and immigrants flagged as restricted persons unless authorized by the Governor.  The bill also does the public a service by barring refugee resettlement agencies from actually resettling any refugees for 5 years without the Governor’s express authorization for each refugee.

The bill goes on to require that anyone assisting with the relocation of a foreign refugee or immigrant submit the person’s fingerprints and other personal information to the Florida Department of Law Enforcement (FDLE) for a background check.  No matter that the refugee has already gone through a two-year vetting process of interviews; home country reference checks; collection of fingerprints, iris scans, and other biometric information; and screenings by the FBI, DHS, and the State Department—the most rigorous screening of any traveler to the United States and an awfully circuitous route for an invader to take.  Florida can obviously do better than all of that.  Rep. Ray had the foresight to charge the refugees themselves for the privilege of undergoing a redundant FDLE background check— refugees fleeing war-torn countries absolutely should not get a free ride.

Finally, the bill authorizes the Governor to use all “emergency powers, and military force to prevent a restricted person from entering into or resettling in the state” and invites indefinite surveillance of them upon entry.  Floridians should sleep better at night knowing that the Governor will be prepared to call in the National Guard to stop refugees from crossing the state line and that big brother will be watching them if any actually clear the obstacle course we have set up.

Rather than pretending Florida is at war with refugees from outside the Western Hemisphere and inventing fear-mongering terms  to describe them as “restricted persons” or “invaders,” it would be more useful if the sponsors of this bill called it for what it is—“Florida’s Anti-Muslim Syrian Refugee Ban.”  Governor Rick Scott has already staked out his position opposing resettlement of Syrian refugees in the state without redundant FDLE background checks.  Florida legislators now have the opportunity to join him in thumbing their noses at the U.S. Constitution, which makes clear that the federal government has the exclusive power to admit and resettle refugees and bars discrimination on the basis of national origin or religion.

Instead of feigning a war with refugee invaders, and attempting to incite a xenophobic panic across the state, it would be better if Florida’s legislature could be straight with us and admit that they’ve been “Trumpified” and have no problem making a mockery out of the legislative process and the intelligence of Floridians.  This despite the small fraction of Syrian refugees who have actually come here.  Despite there being 4.6 million Syrian refugees, and the U.S. agreeing to take in 10,000 of them, only a little over 2,000 came to the United States over the last year.  And only a tiny fraction of these—somewhere in the neighborhood of 100 people—came to Florida over the last year.  Nonetheless, so far, three committees in the Florida House have drunk the Islamophobic anti-refugee kool-aid, and the bill is now ready for a floor vote.

We should not turn our backs on refugees who are fleeing horror and violence anywhere in the world.  Florida is better than this. This legislation is an embarrassment not only to our state but to the history of our nation as a place of refuge.

This bill is a bad joke. Tell your Senator and Representative to reject it today.

Date

Tuesday, March 1, 2016 - 12:23pm

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Michael Lambrix was supposed to die today.

Three months ago his death warrant was signed by Governor Rick Scott. Michael was moved to a special “Death Watch” cell, steps from the execution chamber. He was fitted for his burial suit and was visiting with his friends and family for what he assumed would be the final time.

However, thanks to the recent ruling from the United States Supreme Court that Florida’s death penalty statute is unconstitutional, Michael was allowed to challenge his sentence. Attorney Brian Stull of the ACLU Capital Punishment Project was among those who filed a brief on behalf of Michael. Last week the Florida Supreme Court agreed to a stay of execution while they sort out the question of which death row inmates might be entitled to a new sentence.

While the courts are doing their work, I am continuing to ask the Governor and Cabinet to grant Michael a clemency hearing. Historically, clemency has always been the last safeguard of our criminal justice system, particularly in death penalty cases. As we know all too well, the courts don’t always get it right. Lawyers and judges make mistakes, all the evidence isn’t heard, and injustice results. That’s why the Governor and Clemency Board have the power to commute a death sentence to one of life imprisonment.

In Florida, however, our Governor’s office has turned the clemency process into a sham, despite Florida having the most unreliable death penalty system in the country. The last Governor to grant clemency was Bob Graham, and that was more than thirty years ago. Governor Scott is now executing inmates at a record pace without apparently considering whether they might be worthy of clemency. The case for clemency is particularly strong for Michael Lambrix.

Michael’s case started in 1984 when a woman named Francis Smith was found driving the car of a man who had been reported missing. Francis led law enforcement to a rural area in Glades County where the bodies of a man and a woman were discovered. Francis claimed that Michael Lambrix had killed both people. She cut a deal with prosecutors to test facing any charges herself. However, prosecutors never disclosed this deal to the Court or to Michael’s attorneys.

Michael’s attorneys were handling their first death penalty case. They wouldn’t let him testify at his trial and threatened to withdraw if he did. The first jury to hear this case could not reach a decision. The second jury found Michael guilty and recommended the death penalty on a less than unanimous vote. Only later did it come out that a key witness had lied after being pressured. Only later did it come out that Francis Smith was having a sexual relationship with the lead State Attorney investigator in the case. Only later was DNA technology developed that could show that Michael was not the killer. Unfortunately for Michael, the courts have ruled that it is too late for any of this evidence to be considered.

After spending the past 31 years on death row, in solitary confinement, you wouldn’t be surprised if Michael had been driven insane or to despair but that’s not the case. Michael has spent his time on self-reflection and improvement. After focusing on his own education during his first years in confinement, Michael began reaching out to people around the world. I have heard from people from Australia, Great Britain, the Netherlands, and more. Everyone wanted me to know what a positive impact Mike has had upon their lives. From solitary confinement on Florida’s death row, Mike’s letters and essays have been published in anthologies and shared with people around the world.

At a minimum, Michael Lambrix deserves a hearing before the Clemency Board where these facts could be presented. His case represents a failure of the court system and of the clemency process.  Here is what I would ask you to do. Please contact the members of the Florida Clemency Board and deliver this message:

“Please grant a clemency hearing for Michael Lambrix, whose sentence was just stayed by the Florida Supreme Court. At a time when our state’s death sentences are under serious scrutiny, the evidence in this case is especially questionable.  Michael has spent the past 30 years and done everything possible to improve himself and to help others. Our death penalty system is in crisis, and Floridians deserve to know that their leaders are working to ensure that our justice system is in fact just. You have an opportunity to review the facts of this case as a member of the Clemency Board  Please grant him a clemency hearing, so his case can be reviewed, and you don’t end up executing a potentially innocent man.”

You can write any of the folks below at The Capitol, Tallahassee, FL 32399-1050, or better yet, call them today.

Governor Rick Scott:  850-488-7146

Florida Attorney General Pam Bondi: 850-414-3300

Chief Financial Officer Jeff Atwater: 850-413-2820

Commissioner of Agriculture Adam Putnam 850-245-1000

 

 

Date

Thursday, February 11, 2016 - 8:30am

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