Andrew Warren files suit to overturn Gov. DeSantis’ suspension, reinstate him as State Attorney

andrew warren
Warren argues Gov. DeSantis violated his First Amendment rights when he suspended him as Hillsborough County State Attorney.

Hillsborough County state attorney Andrew Warren, who was suspended from office by Gov. Ron DeSantis, is filing a lawsuit in federal court to be reinstated.

“In our country there are protections for freedom and limits on power,” Warren told reporters in Tallahassee after filing the suit Wednesday. “Ron DeSantis may not like them, he may not respect them, but he does have to follow them.”

DeSantis, a Republican, suspended Warren, a Democrat, for Warren’s statement that he wouldn’t prosecute women who seek abortions or doctors who provide them in the wake of the Dobbs decision from the U.S. Supreme Court overturning Roe v. Wade.

In the suit, filed in the North District of Florida, Warren claims DeSantis is violating his First Amendment rights and overstepped his authority by suspending him. It also notes Warren hasn’t received an abortion-related case to prosecute and claims DeSantis’ action is political retaliation for signing a petition saying he wouldn’t prosecute abortion-related cases.

A disagreement on policy matters doesn’t give DeSantis the power to suspend Warren for “incompetency” or “neglect of duty” — two reasons cited by DeSantis in his suspension order — the lawsuit argues.

“A difference of opinion is not ‘incompetency’ as defined by the Florida Constitution. Neither is the exercise of ethically and constitutionally required prosecutorial discretion,” the lawsuit states.

Warren asked the public to donate to his defense fund, but when asked if he would reveal those donors, he didn’t give a direct answer, instead noting DeSantis will use public funds to defend the case after overstepping his authority.

A spokeswoman for DeSantis didn’t immediately respond to an email seeking comment Wednesday.

Warren said his suspension violates the will of the people who elected him.

“Ron DeSantis is hoping to get away with overturning a fair election; overturning the votes of hundreds of thousands of Floridians,” Warren said.

The lawsuit puts on hold any further action that can be taken against him, and essentially freezes his suspension in place while it plays out in the courts.

DeSantis’ action was a suspension, not a permanent removal from office. The state constitution allows Warren to fight his suspension and undergo a trial in the state Senate, which can vote to uphold the suspension or reinstate him. But Senate rules prevent that process from going forward while any lawsuit over the suspension takes place.

Gray Rohrer


15 comments

  • Paul Passarelli

    August 17, 2022 at 10:56 am

    Let’s see what happens. Will Warren change course following the shot across his bow, or will he stupidly maintain course, fail to uphold the law, and get taken out by a second round?

    If he wins his appeal then the choice will be entirely his. If he loses his appeal, then the Senate will have sent a clear signal that civil servants don’t get to announce which laws they will refuse to uphold. — Unless it’s in the format of a campaign promise/lie.

    • Joe Corsin

      August 17, 2022 at 12:07 pm

      – Vote RED for right wing police state
      – Vote RED for one year in jail for jaywalking
      – Vote RED for life sentences for DUI
      – Vote RED for purposely botched executions for laughs
      – Vote RED for Charles Bronson Death Wish and Dirty Harry policing
      – Vote RED for forced birth of meth babies and crack babies under threat of death by the state

    • NW

      August 17, 2022 at 9:19 pm

      You Floridian MAGAs are all kinds of confused. Unseating an elected local prosecutor who represents his constituents? “Conservatives” used to be for devolved power and local governance. Without overstating the case, you guys are fascists.

      • Paul Passarelli

        August 18, 2022 at 9:22 am

        So if a ‘constituency’ supports child porn, then we’re supposed to let that stand?

        There is this thing known as the rule of law. Those that choose to ignore it, will be subject to the consequences.

        You side is only getting off on this issue because this is a politically charged issue. In court it will come down to a ‘bright-line’ violation by Warren that he is being bounced for violating.

        All your vocal bloviating, is just that. It’s a tempest in a teacup, full of sound and fury, signifying nothing.

        Ciao,

  • Tom

    August 17, 2022 at 11:34 am

    He’s a loser!
    No one took his first amendment from him.
    He violated his oath to protect people’s!
    Statute offers him appeal, he blew it.
    This never gets his job back.
    Court of appeals, supremes not buying his dog food.

    • Joe Corsin

      August 17, 2022 at 12:11 pm

      Yet DeSantis backed Trump…many frauds and thefts, sex assaults, inciting violence, election crimes, espionage related crimes, lies lies lies. Trump didn’t back the blue on J6..

  • David in Shoreline

    August 17, 2022 at 11:36 am

    Good luck Warren. DeSantis does have authority to suspend you and the history of the Florida Senate suggests your suspension will be sustained and you will remain on the unemployment line. Hey maybe you can get a Joe Biden stimmy check.

    • Joe Corsin

      August 17, 2022 at 12:20 pm

      ^ Sadistic, hateful pile of poop. Always one step away from jail these kinds are. Need Charlie Crist to deal with such filth…

  • Claude Kirk the younger

    August 17, 2022 at 11:48 am

    Stand by for Desantis to checkmate Warren and thus George Soros.
    Dont be silly and do your RA RA for us leftist chanting.
    Desantis knew Warren would get it in front The First Districts uber leftist “judge” Hinkle befor he suspended Warren. Then Desantis will continue to spank Warren after the little leftist show trial with Hinkle. Sheez everybody knows this.

    • Brass Biscuit

      August 17, 2022 at 5:57 pm

      George Soros?
      Is your headwear provided courtesy of Reynolds Wrap?

  • TC Hudson

    August 17, 2022 at 11:54 am

    How can anyone prosecute someone for a law that is under litigation for it’s constitutionality? The legal challenge to the law was noted in the August 2nd issue of this very site.

  • Paul Passarelli

    August 17, 2022 at 12:27 pm

    Joe, you can’t even see the contradictions in a 6 item list.

    #4 You oppose the death penalty for convicted criminals while supporting the murder of innocents #6.

    #1 The police state you fear is not Conservative.
    #2 Jaywalking — LOL an urban problem.
    #3 DUI deserved the chair if there is a fatality.
    #5 Those films were both successful because of the failures of the Progressive-Socialist agenda which is soft on real crime.

    Keep going Joe. At some point your Soros handler will realize that you are quite ineffective and they’ll stop paying you to troll. You might have to move out of mommy’s basement, and get a gob flipping burgers.

    • Joe Corsin

      August 17, 2022 at 1:10 pm

      Only through childish neo nazi chicanery can you spin what I said as contradictory. Now if you’ll excuse me I must go eat lunch. I’m having pastarelli…very greasy.🍝

  • Arm The Homeless

    August 17, 2022 at 12:48 pm

    Ultra-MAGAs need to be very cautious here, if you want a governor to be able to nullify elections based on his hurt fee-fees, you’re going to find that the voters don’t really care about your continuing safety

  • Cogent Observer

    August 19, 2022 at 8:01 am

    This young man might consider getting himself off of the public dole and try to earn a living through his own efforts–such as by building a private practice. That way, he’ll be free to accept only the cases he wants to accept. As long as the public pays you, son, follow the rules.

Comments are closed.


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