a federal judge determined that Florida Governor Ron DeSantis Unconstitutionally suspended an elected state attorney who criticized the governor’s position on abortion and transgender health care, but a judge said he did not have the authority to return a prosecutor to office.
US District Judge Robert Hinkle said the governor had falsely accused the Hillsborough state attorney Andrew Warren relying on a broad policy to avoid prosecuting certain cases with which he disagreed.
“The allegation was false,” he wrote in a ruling. released on 20 January, “Mr. Warren’s well-established policy, followed in every case by every prosecutor in office, was to exercise prosecutorial discretion at every stage of every case. Any proper investigation would have confirmed this.”
Mr. Warren was among them more than 100 prosecutors and officers From all over America pledging not to prosecute abortion providers and abortion patients in the wake of the US Supreme Court’s decision to strike down the constitutional right to abortion on June 24 last year. Florida’s anti-abortion law outlaws the procedure at 15 weeks of pregnancy.
Also State’s Attorney for the Tampa Area signed another pledge The DeSantis administration chastises its adversary for “discreetly using and not promoting gender-affirming healthcare or the criminalization of transgender people”-lgbt+ agenda.
one in Press conference Surrounded by law enforcement on August 4, 2020, the governor accused Mr. Warren of failing to prosecute those accused of crimes to the full extent of his authority, indicating that the governor had “incompetently and willfully disregarded his duties”. ” Told.
mr warren later accused Mr. DeSantis removed her from office without legal justification for violating the state constitution and “throwing out the results of a free and fair election.” Mr. Warren was elected to the office in 2016 and re-elected in 2020.
But Judge Hinkle concluded that the US Constitution bars a federal court from reinstating Warren.
The judge rejected Mr. Warren’s arguments that the governor’s actions violated First Amendment protections for free speech, which required court intervention, but he insisted that Mr. Warren’s statements constituted protected speech. and Mr. DeSantis “would have made the same decision anyway, even without these factors in mind”.
Judge Hinkle wrote, “The First Amendment violation was not essential to the result and therefore Mr. Warren is not entitled to relief in this action.” “The suspension also violated the Florida Constitution, and that violation affected the result. But the 11th Amendment prohibits a federal court from granting such declaratory or injunctive relief against a state official solely on the basis of a violation of state law.” prevents.
The governor appointed Susan Lopez – whom the governor appointed to the judge’s seat late last year – to take over Mr Warren’s role.
Judge Hinkle’s decision found that Mr. Warren’s record contained “no indication of misconduct” and that he was “diligently and competently doing the job for which he was elected, as he told voters.” that he would do it”.
The judge noted that “when the dust cleared” after his suspension — which included media events, favorable coverage of the governor on Fox News and an appearance on Tucker Carlson’s program — Mr. DeSantis’ office was paid “$2.4 million” in 14 days. million” received free media coverage. ,
Andrew Warren speaking to reporters outside the federal courthouse in September 2022
(AP)
His decision came after a three-day trial in November, which also included testimony from members of the governor’s administration. When he announced Mr. Warren’s suspension, the governor accused him of promoting a “fundamentally whacky” agenda that undermines “your personal concept of, quote, ‘social justice’ about your need for legislation.” enhances ‘”.
The draft order for his suspension also included references to George Soros. court documents and trial testimony.
Independent Comment has been requested from Mr. Warren.
DeSantis spokesman Taryn Finske Told The judge’s decision upheld the governor’s “decision to suspend Andrew Warren from office for dereliction of duty and inefficiency”.
“A victory for the governor and a victory for the people of Florida,” said DeSantis press secretary Brian Griffin Added.