Credit: Photo via DeSantis/Twitter
A Leon County circuit judge has rejected subpoenas that sought to force two top aides to Gov. Ron DeSantis to testify in a public-records lawsuit stemming from controversial flights of migrants to Marthaโ€™s Vineyard in Massachusetts.

Judge J. Lee Marsh issued a two-page decision Sunday that quashed subpoenas the Florida Center for Government Accountability had issued to DeSantis Chief of Staff James Uthmeier and Larry Keefe, a public-safety adviser to the governor. Marsh also shielded Chris DeLorenz, a records custodian in the governorโ€™s office, from testifying.

Marsh ruled after the DeSantis administration filed a motion late Thursday seeking to block the subpoenas, which were issued by the Florida Center for Government Accountability. The subpoenas sought to force testimony in a hearing Tuesday in the public-records lawsuit filed against the administration by the center, an open-government group.

The ruling agreed with DeSantis administration arguments that Uthmeier and Keefe should not be required to testify because of what is known as the โ€œapex doctrine,โ€ a legal concept that generally shields high-ranking officials from testifying if information can be obtained in other ways. Marsh wrote that the administration provided โ€œdeclarations explaining that Mr. Uthmeier and Mr. Keefe lack unique, personal knowledge of the issues being litigated.โ€

โ€œIn addition, the court finds that plaintiff has not met its burden because taking the testimony of Mr. Keefe and Mr. Uthmeier is not necessary for this public records lawsuit,โ€ Marsh wrote.

Also, Marsh wrote that the subpoena for DeLorenz was โ€œan annoyance, oppressive and an undue burdenโ€ under a legal rule.

โ€œThe court will not set the precedent that EOGโ€™s (the Executive Office of the Governorโ€™s) records custodian may be haled into court without a good faith basis to contest his declaration,โ€ wrote Marsh, who held an emergency hearing Friday on the motion to quash the subpoenas.

The Florida Center for Government Accountability filed the lawsuit Oct. 10 and alleged that the governorโ€™s office did not comply with requests to release a series of records about the flights, which carried about 50 migrants from Texas to Massachusetts and drew national attention. The center issued subpoenas last week.

The lawsuit, in part, sought records, phone logs or text logs that could show communications by Uthmeier about the flights. Also, it sought any records that would show communications with Texas Gov. Greg Abbottโ€™s office about relocating migrants.

The DeSantis administration released some records, but the center said in the lawsuit that the release was not โ€œresponsiveโ€ to requests made Sept. 20 and Sept. 21 under Floridaโ€™s public-records law. Also, Andrea Flynn Mogensen, an attorney for the center, sent an email to DeLorenz on Oct. 17 that said the administration had not provided such things as a text log and a phone log for Uthmeier, according to a document filed Friday in the case.

โ€œWe reviewed the (records) production and did not see any log of text messages sent or received by Mr. Uthmeier,โ€ Mogensen wrote in the Oct. 17 email. โ€œIf we have overlooked anything please let us know.โ€

The center also has filed a separate public-records lawsuit against the Florida Department of Transportation and Vertol Systems Company, Inc., which received a state contract to transport migrants. That lawsuit remains pending.

The two flights on Sept. 14 carried migrants from Texas to Massachusetts, with a stop at an airport in the Northwest Florida community of Crestview. The DeSantis administration tapped into $12 million that the Legislature provided to transport undocumented immigrants. Part of the controversy centers on Florida flying migrants from Texas.

Numerous media reports have said Keefe, a former United States attorney in North Florida, played a behind-the-scenes role in the flights. DeSantis, widely mentioned as a potential 2024 Republican presidential candidate, frequently blasts the Biden administrationโ€™s immigration policies. He also has criticized โ€œsanctuaryโ€ communities, such as Marthaโ€™s Vineyard.

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