Foglesong asks to subpoena journalists

Eric Foglesong, a political consultant charged with falsifying finance records to help a “ghost” candidate’s campaign in the 2020 election, is asking a circuit court judge to subpoena records from one former and three current Orlando Sentinel journalists relating to Florida Power & Light, Matrix LLC and other nonprofit organizations.

According to a motion filed Wednesday by Foglesong’s attorney, Jacob Stuart Jr., articles by investigative reporter Annie Martin, opinion columnist Scott Maxwell, content director for local news Jeff Weiner and former investigative reporter Jason Garcia, who left the newspaper in January, “paint a picture of a conspiracy” between FPL, the other organizations and Foglesong.

In the suit seeking Sentinel records, hard drives and other electronic storage devices, Foglesong states that the documents may include information that he was not involved in any conspiracy with the organizations.

“Simply put, [Foglesong] cannot adequately prepare for trial and mount a defense to the charges in this case, without being able to subpoena the Orlando Sentinel and Mr. Jason Garcia,” the motion states.

The Orlando Sentinel is not a party to the case in which Foglesong is a defendant. And Sentinel attorney Rachel Fugate said the newspaper will oppose the subpoenas.

Fugate cited Florida’s reporter’s privilege law that is designed to protect the information that journalists obtain while they are gathering news.

Reporters have a limited First Amendment right not to be forced to reveal information or confidential sources in court.

“That is precisely what is at issue here,” Fugate said. “The defense is seeking documents and information provided to the Sentinel while reporting this far-reaching and ground-breaking story. This is not physical evidence of a crime. And Mr. Foglesong certainly hasn’t admitted to the commission of a crime.”

She called Foglesong’s motion “a blatant attempt to use the Sentinel as a freelance investigator.”

“Florida law does not allow for such intrusions into the Sentinel’s news gathering process, and we will oppose the attempt to compel the paper’s privileged information,” Fugate added.

Foglesong’s attorney states in the motion that the only way he can get the materials is through a subpoena because the Sentinel reported last year that a “cache of new documents was anonymously delivered to the Sentinel … including checks, bank statements, emails, text messages, invoices, internal ledgers and more.”

He also states that the Sentinel has implied in its reporting that Foglesong may be connected with organizations tied to the “ghost” candidate scheme and that the newspaper alleges he committed crimes.

Foglesong claims in his motion that the Sentinel’s stories “promote a narrative” that there was a “conspiracy designed to help Republicans win key Florida Senate seats.”

“The Orlando Sentinel goes as far as to suggest that the reason Defendant [Foglesong] has been charged is because of the documents the Sentinel possesses and reported on,” according to the court filing.

None of Sentinel’s dozens of articles regarding the ghost candidate scandal connects Foglesong with FPL, Matrix or the other organizations, a search of the newspaper’s coverage revealed Thursday. Nor did a search reveal any coverage that Foglesong conspired with any organizations on behalf of candidates for the state Senate.

The utility has denied involvement in the ghost candidate scandal.

Foglesong is among three people charged in connection with Jestine Iannotti’s independent run for the state Senate District 9 seat in 2020. He faces three felony and two misdemeanor charges, including that he falsified campaign records to conceal $1,200 that he gave Iannotti. He has pleaded not guilty.

State Sen. Jason Brodeur, a Republican, won the race in the November 2020 general election, defeating Democrat Patricia Sigman and Iannotti.

For more than a year, the Sentinel reported on the ghost candidate scandal and its ties to a wide network of nonprofit organizations and political consultants.

The newspaper’s reporting on the scandal included dozens of stories on FPL, Florida’s largest power company; Matrix LLC, an Alabama-based political consulting firm employed by the utility company; Grow United, a nonprofit launched by Matrix operatives; and People Over Profits, a nonprofit run by a former Democratic lawmaker.

The stories detail how thousands of dollars were used to fund and send mailers promoting independent candidates in three state Senate races, including Iannotti’s race in Central Florida. But the stories do not tie Foglesong to any of the organizations.

Iannotti did not actively campaign in her race. She spent several weeks of the campaign season living in Sweden.

But GOP consultants promoted her and two other independent candidates from South Florida’s campaigns with an advertising blitz championing them as progressives, apparently as a way to pull votes away from the Democratic candidates.

The ads were funded by operatives working closely with FPL. However, FPL has denied involvement.

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