Ousted Hillsborough state attorney sues DeSantis in federal court, citing free speech




  • In Politics
  • 2022-08-17 14:45:37Z
  • By Miami Herald

Two weeks after he was suspended from office, ousted Hillsborough County State Attorney Andrew Warren fired back with a federal lawsuit against Gov. Ron DeSantis, citing free speech rights and prosecutorial discretion in his fight to get his job back.

The lawsuit says it aims to confirm that the First Amendment still applies even though DeSantis is governor, and that the courts get to say what the state Constitution means - "not whatever DeSantis needs it to mean to silence his critics, promote his loyalists, and subvert the will of the voters."

"The bottom line is everyone should follow the law, even the governor," said Warren's Tampa lawyer David Singer. "We're going to ask a court to make sure that happens."

The governor's office has not responded to a request for comment.

"In our country, there are protections for freedom and limits on power," Warren said in a Wednesday morning news conference in Tallahassee. "Ron DeSantis may not like them. He may not respect them. But he does have to follow them."

READ MORE: Removal of state attorney is latest example of DeSantis wielding executive power

Warren framed the lawsuit as a fight in defense of democracy. By suspending him, Warren said the governor was subverting the will of hundreds of thousands of people in Hillsborough County who voted to elect him as their state attorney.

"By challenging this illegal abuse of power, we make sure that no governor can toss out the results of an election because he doesn't like the outcome," Warren said.

A very public dispute

Wednesday's legal action was the latest salvo in the politically charged battle that has garnered attention from Fox News to MSNBC. The Republican governor, whose policies have been criticized by Warren, a Democrat, removed him from office Aug. 4. The night before, DeSantis' spokesperson predicted via Twitter that the governor would trigger "the liberal media meltdown of the year."

In his order nearly two weeks ago, DeSantis cited two joint statements Warren signed with prosecutors across the country indicating he would not pursue cases related to transgender medical care for minors or limits on abortion.

DeSantis accused the state attorney of neglect of duty and incompetence. Warren, he said, was eroding the rule of law, encouraging lawlessness and usurping the role of the Legislature. Suspended without pay, Warren was escorted from his offices by an armed deputy.

Warren's lawsuit countered that Florida does not have a transgender-related law that would create such cases for him to consider, and that no requests to prosecute abortion-related crimes have come before him since he's been in office. The joint statements say those who signed them "will exercise the discretion inherent in the role of prosecutors."

"Andrew didn't say he'd do anything other than use his discretion," said Jean-Jacques Cabou, an Arizona-based white collar and constitutional lawyer who is part of Warren's legal team.

Warren, who has been elected twice, has promised to focus on violent and serious crimes while using reforms including mental health courts and citations for low-level offenders.

DeSantis' executive order also criticized Warren's policies on not prosecuting certain violations, including those that stemmed from an officer stopping a pedestrian or bicyclist - locally known as "biking while Black."

Warren's suit contends those were not blanket polices, and his prosecutors were required to "apply their judgment and discretion to the individual cases."

Previous friction between Warren and DeSantis

The suit notes a history of disagreement between the governor and state attorney: Warren advocated restoration of voting rights to certain ex-offenders, which DeSantis opposed. Warren supported the arrest of a church pastor who packed services during the spreading pandemic, and DeSantis signed an order authorizing the services - a move Warren called "spineless." DeSantis supported an "anti-rioting" bill, which Warren called a solution in search of a problem.

The suit claims DeSantis used the powers of his office "as a weapon to suppress criticism and promote cronyism" by suspending Warren, who had the right to speak freely on government policy.

DeSantis appointed Susan Lopez, a judge he put on the county court bench in 2021, as acting state attorney. The suit notes that Lopez has already begun rolling back "policies enacted by Warren and opposed by DeSantis."

In Wednesday's news conference, Warren referred to Lopez as a "Ron DeSantis accomplice."

The news conference was open to the public, and the packed conference room in a hotel two blocks from the state Capitol included conservative activists including Andrew Shirvell, executive director of the group Florida Voice of the Unborn. A reporter from the right-wing One America News Network posed multiple questions to Warren defending the governor's action.

Warren encouraged supporters to go to a new website, andrewwarrenfl.com, for people to donate to his legal fund. When asked multiple times whether he would disclose his donors, however, he didn't say. "We will follow the law as we have always followed the law," he said.

The Florida Senate has final say on a public official's removal or reinstatement. Under the rules, that process will be stayed until court proceedings, including appeals, are concluded, Singer said.

If a judge decides Warren's suspension was unlawful, the Senate would have no further involvement, he said, "because their role is premised on there having been lawful gubernatorial action."

Warren is expected to hold a 2:30 p.m. news conference in Tampa.

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