Andrew Warren, prosecutor removed from office by Gov. Ron DeSantis, loses bid to get job back

TALLAHASSEE, Florida. On Friday, a federal judge ruled that Florida Gov. Ron DeSantis violated the First Amendment and the Florida Constitution by firing an elected state attorney, but that federal courts do not have the power to reinstate him.

In an order to dismiss the case, U.S. District Judge Robert Hinkle wrote that federal law does not allow him to return the elected prosecutor. Andrew Warren to office in a lawsuit that focused on state law.

DeSantis disqualifies Warren last year because of the attorney-elect’s signing of statements saying he would not prosecute individuals seeking or providing abortion or gender reassignment treatments, and a policy of not charging people for some minor crimes.

Warren is a twice-elected Democratic State Attorney for Hillsborough County, which includes Tampa. sued the governor in federal court to get his job back.

“The idea that a governor could violate federal and state law to remove an elected official from office should send chills down the spine of anyone who cares about free speech, the integrity of our elections, or the rule of law,” Warren said in a brief press. -conferences. On Friday, before telling reporters: “This is not the end.”

In his testimony, Warren claimed that he was removed from office because of his personal political stance on abortion and transgender issues. He said his office exercised prosecutorial discretion in bringing charges in all cases, taking into account public safety and other issues.

Judge Hinkle’s decision largely aligns with Warren’s argument, but he believes the case is effectively a state case that cannot be decided by a federal judge.

“Florida Gov. Ron DeSantis removed State Attorney-elect Andrew H. Warren from office, allegedly on the basis that Mr. Warren had a general policy of not prosecuting certain cases. The accusation was false,” wrote Hinkle. “Mr. Warren’s well-established policy, followed in every case by all prosecutors in the office, was to exercise prosecutorial discretion at every stage of every case.”

He added, “However, the Eleventh Amendment prohibits a federal court from making declaratory or injunctive relief against a government official solely on the basis of a violation of state law.”

DeSantis’ office did not immediately respond to an emailed request for comment.

The governor charged Warren with incompetence and neglect of duty, alleging that the prosecutor chose which laws to apply, citing in his executive order a waiver of prosecution for crimes such as “breaking into a business premises, disorderly conduct, disorderly conduct while intoxicated.” and prostitution.

DeSantis’ order also mentions Warren’s endorsement of statements by prosecutors across the country promising not to bring criminal charges against people who attempt, provide or support access to abortion and oppose the criminalization of gender reassignment treatment.

In Florida, a 15-week abortion ban went into effect last year. The state does not have a law criminalizing gender reassignment procedures. Warren said no criminal cases have come to his office related to the new abortion law or gender reassignment procedures.

The suspension has placed DeSantis, a potential 2024 GOP presidential nominee, at the forefront of a wave of Republican opposition to progressive prosecutors who have discretion over whether to charge people with what they consider to be minor offenses.