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Augustus Invictus Filing: Prosecutions Allegedly Tied To DeSantis "Hate Speech" Laws, Presidential Ambitions

By Anne Wilson Smith

12/05/2023

Earlier: September Charlottesville Roundup: Invictus, Other Cases “Screaming For Judicial Redress“

Explosive claims are being made by Augustus Invictus in a new motion filed with the Ninth Circuit court in Florida. Stemming from a seemingly minor case against four clients of Invictus, charged in September with misdemeanors for hanging banners off an overpass without permission, the motion to disqualify the Office of the State’s Attorney from prosecuting the case claims that “this seemingly inconsequential case is inextricably tied to the political ambitions of Governor Ron DeSantis, Representative Randy Fine, and State Attorney Andrew Bain.” The motion further asserts that Invictus’ ex-wife, who until recently was in the employ of the Office of the State Attorney, has been nefariously used as a pawn to further said ambitions and advance a decade-long vendetta against Invictus.

In March of this year, the ADL complained that antisemitic incidents in Florida had been drastically rising since 2020. In April, Ron DeSantis, who was accompanied on a trip to Jerusalem by Representative Randy Fine, signed a new “hate crimes” bill, and was declared by Netanyahu to be a “friend of Israel.” In May, DeSantis announced the launch of his Presidential campaign. In June, four people engaged in a protest in Orlando which allegedly violated the new, unconstitutional anti-free speech law. In August, DeSantis replaced State Attorney Monique Worrell with Andrew Bain. Invictus‘ motion asserts that it was not until September, after Bain was installed, that the June protest was investigated as a violation of the new law. Jason Brown was arrested for his role in the protest on September 12th, 2023.

The arrest received international media attention. It was also touted in a press release by the Florida Department of Law enforcement in which FDLE Commissioner Mark Glass thanked Governor DeSantis for passing the new law and explained that Brown’s arrest “demonstrates Florida’s commitment to protecting residents from attention-seeking extremists.” New State Attorney Bain chimed in that “The actions taken were reprehensible, and we will prosecute these Neo-Nazi demonstrators and pursue justice to the fullest extent of the law.” Officials also revealed that there were three more outstanding arrest warrants for protesters who did not reside in Florida.

Invictus, who had previously represented Brown on an unrelated matter, was notified of his arrest. As he was in contact with the other three participants with outstanding arrest warrants, he sought to file notices of appearance on their behalf, but was unable to do so as their cases were sealed. Invictus called the State Attorney’s office attempting to arrange a peaceful surrender for the three out-of-state defendants so they might avoid the hardship of extradition and having their arrest used by Florida officials as another opportunity for public grandstanding. His calls were not returned, so he advised the three to travel to Florida and turn themselves in quietly, which they did. Invictus describes the behavior of the State Attorney’s office as “clearly unforgivable… absolutely unconscionable and cannot be countenanced in a First World country.” Invictus also asserts that the State’s Attorney filed an Information on all four defendants, then deliberately failed to serve him with the Information.

The motion continues, claiming even more astonishing bad faith behavior by the Office of the State Attorney:

Four days after having the hearing canceled for Defendant Brown, personnel at the Office of the State Attorney and deputies of the Orange County Sheriff’s Office ambushed Ms. Anna Arceneaux, a paralegal at the Office of the State Attorney and the ex-wife of Defense Counsel. Astoundingly unaware that State Attorney Bain himself had publicized the out-of-state warrants in this inexplicably sealed case… and also unaware that Defendant Brown was a preexisting client of Defense Counsel, law enforcement at the Office of the State Attorney interrogated Arceneaux about Defense Counsel and about how he knew information about his own clients. The Orange County Sheriff’s Office seized her phone and accused Arceneaux of passing classified information to Defense Counsel. The Office of the State Attorney immediately terminated Arceneaux’s employment. This amazing turn of events is simply one episode in a long train of events that demonstrate a vicious personal animus against Defense Counsel by personnel within the Office of the State Attorney and the Orange County Sheriff’s Office.

Arceneaux was interrogated by Deputy William J. Pappas, who was deposed by Invictus ten years ago. Recalling the prior deposition, he likened Invictus to a “cartoon supervillain,” revealing his personal long-held animus towards Invictus. Pappas investigated the case against Brown and the three others, and is listed as a witness against the defendants. The motion asserts, “For the investigating officer in this matter to interrogate the ex-wife of Defense Counsel about Defense Counsel, and for this farce to be not only tolerated but apparently initiated by the Office of the State Attorney, who then terminated the employment of Defense Counsel’s ex-wife in retaliation for his thwarting an ill-conceived publicity stunt, cannot be countenanced in a First World society. This is the stuff of banana republics.” Invictus continues, “The Office of the State Attorney is now threatening Arceneaux with fraudulent felony charges for providing classified information to Defense Counsel in an effort to frame Defense Counsel on false charges in order to have him removed from this case.”

While the alleged behavior on the part of law enforcement and justice officials against peaceful political dissidents would certainly be despicable, it would not be surprising in the current climate, in which our biased and malicious rulers have turned the concept of “justice” from a noble aspiration to darkly ironic joke.

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