Prosecutor suspended by DeSantis asks court to reinstate him
FORT LAUDERDALE, Florida. – Florida attorney-elect who says he was removed from office by Gov. Ron DeSantis for political gain and because he is a Democrat is asking the state Supreme Court to reinstate him, citing a federal judge’s ruling that DeSantis violated the law state and its First Amendment. rights.
Andrew Warren, Hillsborough County’s twice-elected State Attorney, filed an appeal late Wednesday night. It came a month after a federal judge in Tallahassee dismissed his suit on technical grounds, agreeing with Warren that the Republican governor had wrongfully fired him.
“We ask the Florida Supreme Court to uphold this finding and direct the governor to follow the law and reinstate me. We ask them to repeat that no one is above the law – not even the governor,” Warren said in a statement. He is also asking a federal appeals court to reinstate him.
The governor refused to reinstate the Tampa prosecutor, and his press office did not immediately respond to an email and phone call Thursday asking for comment on the latest appeal.
A hearing date has not been set. DeSantis nominated four of Florida’s seven Supreme Court Justices, with three others appointed by his Republican predecessors.
Warren can also appeal his removal to the Florida Senate, where the Republicans have a 28-12 lead.
Warren cites last month’s decision by U.S. District Judge Robert Hinkle, who said that while federal law prevents him from returning Warren to office despite a lawsuit based on state law, he agreed that DeSantis’ actions violated both Warren’s rights. enshrined in the First Amendment and the Florida Constitution. .
Hinkle, who was nominated by Democratic President Bill Clinton, said evidence shows DeSantis had no reason to believe Warren was incompetent or derelict, two of the reasons cited for the removal.
Instead, DeSantis targeted Warren because he is a Democrat who has publicly supported abortion and transgender rights, and because it would be politically beneficial for him, Hinkle wrote. DeSantis is expected to run for president next year.
Hinkle urged DeSantis to voluntarily reinstate Warren “if the facts matter to him.” He said the governor and his staff never seriously investigated Warren before removing him from office and ignored the facts that argued against the dismissal.
The governor accused Warren of incompetence and neglect of duty, alleging that the prosecutor chose which laws to apply, citing in his executive order a non-prosecution for crimes such as “breaking into office, disorderly conduct, disorderly conduct under the influence of alcohol, 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.
Such cases were never presented to Warren, who said prosecutorial discretion as to which cases to bring and which to dismiss is a normal part of the job.
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texasstandard.news contributed to this report.
