High drama, twists and turns possible as Andrew Gillum's ethics hearing starts Wednesday

So much is known already about Andrew Gillum’s out-of-town excursions with a lobbyist pal and undercover FBI agents, but high drama and twists and turns are still possible as his final hearing begins this week on ethics charges involving his alleged acceptance of a free “Hamilton” ticket and other gifts.

Both the Florida Commission on Ethics’ prosecutor and Gillum’s lawyer want a shadowy FBI agent who posed as developer Mike Miller and supposedly arranged for the Broadway tickets to testify. But it’s unclear whether the agent, whose true identity is unknown, will show up. If he does, he’ll testify behind closed doors and perhaps in disguise.

The prosecution’s star witness, Gillum’s one-time close friend and lobbyist Adam Corey, is another big question mark. Elizabeth Miller, the Ethics Commission’s advocate, signaled in recent court filings that she reasonably expects him to testify. But Gillum’s lawyer, Barry Richard of Tallahassee, said Corey has evaded efforts to locate him and isn’t expected to appear.

Gillum, who last year won an upset in the Democratic primary for governor only to lose the general election to Republican Ron DeSantis, will take the stand himself. The former Tallahassee mayor will testify he never accepted gifts from anyone outside family, let alone illegal ones during trips in 2016 to Costa Rica and New York City, Richard said.

The hearing, a trial-like proceeding before Administrative Law Judge E. Gary Early, starts Wednesday at the Division of Administrative Hearings in Tallahassee and could last anywhere from one and a half to three days. But it will not immediately conclude with a verdict — both sides will have time to submit recommended orders, and the judge will have time to consider the case. A decision may not come for weeks.

The case revolves around whether Gillum paid for a fancy villa stay over a few days in Costa Rica with his wife, Corey and other friends, and accepted illegal gifts in NYC in the form of the “Hamilton” ticket, a boat ride around New York Harbor and a downtown hotel room. Both of the trips involved efforts by undercover agents investigating alleged public corruption in Tallahassee to get close to Gillum.

Gillum and the FBI:

•    'I got you': Texts, emails detail how Adam Corey, FBI arranged trips for Gillum
•    Gillum took boat ride in NYC with undercover FBI agent
•    Undercover FBI agents could testify in Andrew Gillum ethics hearing

Fallout from the FBI and ethics probe likely contributed to Gillum’s bruising loss in the governor’s race. And whatever happens next week could have major implications for his political future in Florida and beyond.

“It’s big stakes over small issues,” said Charles Zelden, a professor of history and political science at Nova Southeastern University. “We’re not talking bundles of cash in the freezer. But in some ways, because it doesn’t involve that, it makes the whole process more ambiguous. And it would be hard for him if it isn’t true to be completely exonerated, because it comes down to a judgment call.”

Gillum lawyer: Mayor didn't take gifts

In January, the state Ethics Commission unanimously found probable cause that Gillum solicited and accepted illegal gifts and failed to report them during the trips. Under Florida law, public officials can’t take gifts over $100 from a lobbyist or vendor and they must report gifts over $100 from people other than lobbyist and vendors. Gifts from family are exempt.

To prevail, the state must show on certain counts Gillum acted corruptly, or with wrongful intent, or with a knowledge that his official action would be influenced. The prosecution must prove its case by clear and convincing evidence, lower than the beyond-a-reasonable-doubt standard used in criminal courts.

Corey, who was a close friend and traveling companion of Gillum for years before a falling out during the campaign, declined to testify during the ethics investigation because of the ongoing FBI probe. However, he signed a sworn affidavit saying Gillum never paid him for the villa stay in Costa Rica. He also said Mike Miller paid for all the Big Apple outings and that Gillum was, “to the best of my knowledge,” aware of it.

However, it’s unclear whether that affidavit will be allowed into evidence. Richard objected to it as hearsay in a recent court filing.

Richard said Gillum paid for his Costa Rica expenses in cash and took the “Hamilton” ticket from his brother, Marcus Gillum, outside the theater. He added Gillum paid for his own hotel room in New York other than one night in his brother’s room. And he said the boat trip’s value was under $100.

“It was his policy when he was mayor not to accept gifts of any value, even a drink or a sandwich,” Richard said. “He just didn’t accept gifts from anybody other than his family. There is no evidence he accepted a gift, much less a gift over $100, and certainly no clear and convincing evidence in this case.”

Gillum could have pursued a settlement but opted to contest the accusations, which stem from a citizen complaint. If he’s found guilty, he could face civil penalties including fines and public censure. 

Some witnesses, including Gillum's brother, testified in depositions and won't appear in the hearing room, Richard said. Both the prosecution and defense plan to call a number of the same witnesses, including Gillum's wife, R. Jai Gillum, and his longtime political confidante, Tallahassee lawyer and lobbyist Sean Pittman.

Allegations could follow Gillum

Gillum reemerged after his defeat in the governor’s race with an ambitious Democratic voter-registration initiative and stints as a CNN contributor and Harvard fellow. Despite his statewide loss, he’s still seen by some as a rising star in the Democratic Party and a potential candidate for high office or Beltway appointment.

But even if he’s cleared of the allegations, he may never be able to fully shake them. Were he to run for office again, they would be fodder for more attack ads.

“It’s obvious that opponents are going to use it and proponents are going to sort of weigh it as something that he learned from and is somewhat inconsequential in the big picture,” said Susan MacManus, a retired political science professor at the University of South Florida. “But it certainly will follow him.”

She added, however, that Gillum could blunt any political damage were he to lose the case by acknowledging mistakes and apologizing.

"That goes a long way with the public these days because so many politicians are willing to evade everything," MacManus said.

Matthew Pietryka, assistant professor of political science at Florida State University, said he doesn’t expect the outcome to matter much to Gillum’s electoral future. He said only the most partisan of voters will even remember the hearing.

"These intense partisans have already made up their minds about Gillum," he said, "and what happens in the hearing will probably be too ambiguous to change that.”

Contact Jeff Burlew at jburlew@tallahassee.com or follow @JeffBurlew on Twitter.