White nationalist Richard Spencer still plans to visit UF

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GAINESVILLE — White nationalist Richard Spencer intends to come to Gainesville, whether he has a permit or not.

“I can confirm we are coming to the University of Florida, regardless,” said Cameron Padgett, who organizes speaking events for Spencer. “Hopefully it’s in a controlled environment, like the Phillips Center.”

Earlier this month, the school denied a permit filed by Padgett for Spencer and others aligned with Spencer’s National Policy Institute to speak Sept. 12 at the Phillips Center.

City officials and local police said they have been preparing as if the group plans to speak, though there hasn’t been confirmation.

Padgett said he has hired an attorney to review the University of Florida’s cancellation to see if it violates their right to speak. If efforts to use the Phillips Center fail, he intends to show up to speak somewhere else on powerful hurricane for several days,” forecaster Eric Blake wrote in the advisory.

Irma bulked up so quickly because it moved slower and further to the south than had been expected, allowing it to stay longer over the warm ocean and away from drier air to the north, the hurricane center said.

The storm is projected to reach Category 4 strength by next week. A storm of that strength has winds from 130 to 156 mph.

It’s too early to know whether Irma will pose a threat to Florida or the campus.

Gary Edinger, an attorney for Padgett, in a letter dated Wednesday urged UF to avoid a lawsuit by allowing the event to go forward, adding that Spencer’s National Policy Institute is willing to consider a different date, time or venue and also to cover some security costs.

He indicated he would likely file a federal suit within days if UF did not agree to host the event.

“We were informed late this afternoon that representatives of the organization have retained legal counsel and plan to pursue efforts to hold this event as originally requested,” UF President Kent Fuchs said in a statement sent out to the university community late Wednesday.

Under UF policy, “Demonstrations may be held anywhere on the campus, so long as they do not disrupt the normal operation of the University or infringe on the rights of other members of the University community, except that no demonstrations are permitted inside University buildings.”

U.S., but all interests in the eastern Caribbean should monitor its progress, said AccuWeather hurricane expert Dan Kottlowski.

“It is way too soon to say with certainty where and if this system will impact the U.S.” Kottlowski said.

Irma’s general path and the steering winds guiding it should put the storm close to the Leeward Islands and then perhaps Puerto Rico and Hispaniola toward the middle of next week, according to AccuWeather meteorologist Brian Thompson.

Elsewhere, the hurricane center has issued its final advisory on what is now Tropical Depression Harvey, which was located over central Louisiana early Thursday.

One other system is being watched — an area of low pressure that could form over the southwestern Gulf of Mexico by the weekend. Currently, it has a low chance of developing into a tropical cyclone during the next five days.

A tropical cyclone can take the form of a tropical depression, tropical storm, or hurricane. counties. Ayala’s spokeswoman, Eryka Washington, declined to say whether the death penalty will again be an option but said they will not seek to get the 29 cases back at this time.

“With implementation of this panel, it is my expectation that going forward all first-degree murder cases that occur in my jurisdiction will remain in my office and be evaluated and prosecuted accordingly," Ayala said in a statement. She will introduce the attorneys at a press conference this morning.

A governor’s spokeswoman declined to say whether he will still transfer future cases to a different prosecutor, saying that Scott had no other details about the panel save for a short statement released to reporters.

“State Attorney Ayala needs to make it clear that her office will seek the death penalty as outlined in Florida law, when appropriate,” said John Tupps, a governor’s spokesman. “State Attorney Ayala’s statement today leaves too much room for interpretation.”

Thursday’s Supreme Court opinion sided with Scott by a count of 5-2. Supreme Court Justice C. Alan Lawson, writing the majority opinion, rejected Ayala’s argument of prosecutorial discretion.

“By effectively banning the death penalty in the Ninth Circuit — as opposed to making case-specific determinations as to whether the facts of each death-penalty eligible case justify seeking the death penalty — Ayala has exercised no discretion at all,” Lawson wrote. “Ayala’s blanket refusal to seek the death penalty in any eligible case, including a case that ‘absolutely deserve[s] [the] death penalty’ does not reflect an exercise of prosecutorial discretion; it embodies, at best, a misunderstanding of Florida law.”

The next steps in a pending federal lawsuit will depend on how Scott will treat her decision to establish the panel, said her attorney, Roy Austin Jr.

Ayala, who took office in January, announced March 16 that she will not seek the death penalty for anyone as the region’s top prosecutor. She said research showed the death penalty was unevenly applied, put families through decades-long ordeals, and did not deter serious crimes, among other reasons.

She did not publicly express any opinions about the death penalty during her campaign, in which she defeated incumbent State Attorney Jeff Ashton in an August 2016 primary open only to registered Democrats. Ayala did not face generalelection opposition on the November ballot.

Scott responded to her March announcement by signing executive orders taking death-penalty cases away from her office and assigning them to State Attorney Brad King of Ocala, starting with the case of Markeith Loyd, accused of first-degree murder in the killings of his pregnant exgirlfriend, Sade Dixon, and an Orlando police officer, Lt. Debra Clayton.

Among those who lauded Thursday’s court decision were Orlando Police Chief John Mina, who said Loyd’s crimes “are the very reason we have the death penalty as an option under the law,” and Attorney General Pam Bondi, who said Ayala’s "unconscionable decision to never seek the death penalty will not be tolerated."

Civil rights attorney Shayan Elahi, who wrote a brief in support of Ayala’s position this spring, said the court’s decision deals a blow to prosecutorial discretion — the idea that state attorOsceola neys should be able to decide how to pursue their cases independently and without political interference. Placing more power with the governor may open the door to future meddling with criminal cases, he said.

“This doesn’t just do damage to the scope of prosecutorial discretion and the principal of it, but to the democratic process,” Elahi said.

Justice Barbara Pariente cited similar principals in her dissent, with which Justice Peggy Quince concurred.