First Amendment Foundation seeks special prosecutor in FDLE case

TALLAHASSEE -- An open-government advocacy group has requested that a special prosecutor be appointed to investigate the circumstances surrounding the ouster of former Florida Department of Law Enforcement Commissioner Gerald Bailey.

Barbara Petersen, president of the First Amendment Foundation, wrote an open letter to Gov. Rick Scott and Cabinet members that cited Leon County State Attorney Willie Meggs' decision not to investigate the matter.

Earlier this month, the foundation also asked Attorney General Pam Bondi to appoint a prosecutor from outside Leon County to conduct an investigation, something Bondi said she didn't have the authority to do.

The requests stem, at least in part, from questions about whether open-meetings laws were violated in discussions about Bailey's removal in December.

Media organizations, including the Orlando Sentinel and News Service of Florida, as well as open-government advocates also have filed a lawsuit alleging violations of the Sunshine Law.

"There is intense public interest regarding this matter and we think it imperative that an independent investigation be conducted to address the serious constitutional issues related to Mr. Bailey's departure,'' Petersen wrote in the open letter dated Thursday. "The continuing controversy erodes public trust and confidence in the highest levels of our government. Additionally, the controversy and ensuing media coverage calls into question Florida's well-deserved reputation as having the most progressive open government laws in the nation."

After Bailey was ousted by Scott, the former FDLE commissioner claimed that the governor and his staff had urged influence his department to take unethical actions, including accusing a former Orange County Clerk of the Court of illegal activity. The Governor's Office has denied his allegations.

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First Amendment Foundation seeks special prosecutor in FDLE case

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