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Ashley Moody: Weaponized Justice and Constitutional Violations in Florida
Ashley Moody, Florida’s former Attorney General and Governor Ron DeSantis’ controversial appointee to the U.S. Senate, is now at the center of a legal and ethical firestorm. Documents and court records reveal her direct involvement in what legal experts are calling an unconstitutional prosecution that exemplifies "lawfare"—the manipulation of legal processes for political or punitive gain.
State of Florida v. Scott Huminski: A Case Without a Crime
In 2019, the Florida government initiated criminal proceedings against Scott Huminski under the case State of Florida v. Huminski, 17-mm-815. However, this prosecution defied the most fundamental tenets of constitutional law:
- No criminal statute supported the prosecution
- No charging document (indictment or information) was filed
- No service of legal notice was provided
These glaring omissions violate due process, a bedrock principle of the U.S. Constitution. Due process requires that defendants be formally notified of charges against them and given a fair opportunity to respond. Instead, the Florida courts proceeded with an unlawful prosecution that lacked subject-matter jurisdiction and personal jurisdiction, culminating in an invalid conviction.
The U.S. Supreme Court has long established that prosecutors must act in pursuit of justice, not simply victory. In Berger v. United States, 295 U.S. 78, 88 (1935), the Court held that a 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.”
Yet, Ashley Moody’s actions in the Huminski case starkly contradict this principle. Instead of seeking justice, Moody pursued two separate appeals in an effort to sustain this unconstitutional prosecution.
Appeals Filed by Ashley Moody's Office
Moody’s office litigated two appeals tied to State v. Huminski:
- Huminski v. State, 2D19-1247 – Huminski prevailed.
- Huminski v. State, 2D19-1914 – No ruling was issued.
A review of the record on appeal confirms that no charging document or legal basis for prosecution ever existed (source).
Manipulation of the Court System
Further scrutiny of court records suggests that State v. Huminski was never properly initiated by law enforcement or prosecutors. Instead, courthouse staff—under unexplained circumstances—docketed the case without any legal paperwork to justify its existence.
This raises an urgent question: Who orchestrated the unlawful prosecution, and why?
The Florida Attorney General’s office responded to a public records request for the charging documents in State v. Huminski with a disturbing statement:
“No responsive documents.”
In other words, no legal basis for the prosecution existed at all (source).
Senator Ashley Moody’s Role in Weaponized Justice
Moody’s involvement in the unconstitutional prosecution of Huminski is not an isolated event but part of a broader pattern of misconduct in Florida’s justice system.
Legal analysts argue that this case is an example of weaponized justice—using legal mechanisms not to uphold the law but to silence, punish, or intimidate individuals.
This pattern of misconduct has led to increasing calls for accountability:
- A Florida Supreme Court motion in 2025 raised concerns over the legality of the prosecution (Huminski v. State, SC2025-0176).
- A Change.org petition has urged Governor Ron DeSantis to remove the lower-level prosecutor involved in the case (petition).
A Senator Who Ignores the Constitution?
Ashley Moody’s appointment to the U.S. Senate has drawn criticism, not just for her far-right prosecutorial history but for her apparent disregard for constitutional rights.
Critics argue that Moody's record indicates one of two alarming possibilities:
- She is either profoundly ignorant of constitutional law, a damning trait for a sitting U.S. Senator.
- Or she knowingly violated the Constitution, making her unfit for public office at any level.
Either way, her involvement in this case should be a national scandal.
Conclusion: The Need for Accountability
Ashley Moody’s actions in State v. Huminski should concern every American who believes in the rule of law. No prosecutor—let alone a U.S. Senator—should be allowed to violate constitutional rights without consequences.
As scrutiny grows, the question remains: Will Senator Ashley Moody be held accountable for her role in this unlawful prosecution, or will Florida’s justice system continue to operate without oversight?
The case of Scott Huminski is more than just a legal failure—it is a warning about the dangers of unchecked power in the hands of government officials.