US Senator Ashley Moody support of Lawfare, constitutional violations, corruption

New DeSantis appointee, Senator Ashley Moody, participated in a 2019 scheme of lawfare and weaponized justice that epitomizes abuse of unbridled power of the Florida police state by the former Florida Attorney General and long-time far-right prosecutor.

In the case State of Florida v. Scott Huminski, 17-mm-815, the Florida government pursued a criminal prosecution in the absence of a criminal statute supporting the prosecution. Further, the State government failed to author, file and serve any document that is capable of initiating a criminal prosecution under Florida law. Typically, a criminal information, indictment or similar presentment.

The absence of a criminal statute and failure to file and serve a document commencing the prosecution violates the most fundamental precepts of Due Process as set forth in the federal constitution. A bold civil rights violation. The constitutionally infirm prosecution proceeded to conviction in the complete absence of subject-matter jurisdiction and personal jurisdiction in violation of Due Process. Due Process ensures “fairness” in criminal matters such as notice and the details of the alleged violation.

The Supreme Court landmark case on the topic is Berger v. United States, 295 U.S. 78, 88 (1935)(explaining that the prosecutor is “the representative... . of a sovereignty ... whose interest.... in a criminal prosecution is not that it shall win a case, but that justice shall be done.”) Seeking justice, not winning at all costs has been universally viewed as the duty of an American prosecutor.

During State v. Huminski, Ashley Moody participated in 2 appeals while Florida Attorney General related to the case seemingly forgetting the duty to seek justice in hot pursuit of a vexatious criminal case,

• Huminski v. State, 2D19-1247, Florida 2nd Circuit Court of Appeals, Huminski prevailed
• Huminski v State, 2D19-1914, Florida 2nd Circuit Court of Appeals, no ruling issued.

Viewing the searchable record on appeal reveals no criminal statute and nothing filed by the State of Florida to initiate the case as set forth in this Fl Attorney General letter.
https://cdn.muckrock.com/foia_files/2025/01/30/Response_1.30.25.pdf

Record on Appeal,
https://edca.2dca.org/DcaDocs/2019/1914/2019-1914_Brief_530010_RC09.pdf

In 2025 the Florida courts were confronted with the facts;

• in Florida 6th District Court of Appeals,

Huminski v. State, 6D25-0105, See Court Brief, and

• Florida Supreme Court,

Huminski v. State, SC2025-0176, See Court Brief.

See,
https://cdn.muckrock.com/outbound_request_attachments/s_huminski%40live.com/178818/odt_full_with_filing_stamp.odt
https://cdn.muckrock.com/outbound_request_attachments/s_huminski%40live.com/178818/216342470_Initial_Brief_On_Merits.pdf


As Attorney General of Florida and the top law enforcement official in the State, this corrupt use of the Florida criminal justice system is attributable to Ashley Moody who actually litigated the two appeals in the case.

The record on appeal points to manipulation of courthouse staff to accomplish the docketing of State v. Huminski because nothing exists that would explain the existence of the case or how it was placed on a criminal docket absent participation from the State, law enforcement or a prosecutor. A plaintiff in any case filed anywhere in the United States, civil or criminal, is required to file and serve a document commencing the case alerting the parties that a case has been initiated. The former Florida Attorney General and new U.S. Senator should know this.

Governor DeSantis found a very interesting appointee to the position of United States Senator that is frightening ignorant of the content of the Bill of Rights. The alterative to ignorance of the law is a deliberate violation of the highest laws in the land. Senator Moody is an individual willing to undermine the United States Constitution to support lawfare and a weaponized justice system.

Documents:
Record on appeal (alternate),
https://www.indybay.org/uploads/2024/11/25/record_on_appeal_2019-1914_comp64mb.pdf

Change.org petition to DeSantis for removal of the lower level prosecutor,
https://www.change.org/p/gov-desantis-remove-state-s-attorney-amira-fox-corruption-official-crime

FL Attorney General response to request for charging documents in State v. Huminski,
“No responsive documents” – A criminal case without a crime
https://cdn.muckrock.com/foia_files/2025/01/30/Response_1.30.25.pdf

Huminski Florida Supreme Court Motion to Intervene in Andrew Warren v. State of Florida,
https://acis-api.flcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/946d058b-2a10-4c33-8b91-8a1055439a72/docketentrydocuments/4172385e-885f-4d0a-a8f6-494de922db0d

Alternate link, petition pending in the Florida Supreme Court, (some image errors)
https://acis-api.flcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/41607add-6a30-403c-892f-65e68cd7ade3/docketentrydocuments/bf0ca67b-93d6-49c1-9d93-af8c3a464630