Court upholds Gov. Ron DeSantis' suspension of prosecutor with ‘militant agenda'
[FoxNews] DeSantis suspended Hillsborough County State Attorney Andrew Warren last August for 'neglect of duty'.
Mr. Warren is one of the Soros stable of radical left prosecutors. | U.S. Judge Robert Hinkle's ruling Friday found that DeSantis' decision to suspend Warren violated the U.S. Constitution and the Florida state Constitution, but the judge still upheld the suspension.
"The suspension also violated the Florida Constitution, and that violation did affect the outcome. But the 11th Amendment prohibits a federal court from awarding declaratory or injunctive relief of the kind at issue against a state official based only on a violation of state law," the judge's filing stated.
"The plaintiff Andrew H. Warren’s claims against the defendant Ron DeSantis arising under state law are dismissed without prejudice based on the 11th Amendment. Mr. Warren’s claims against Mr. DeSantis arising under federal law are dismissed on the merits with prejudice. The clerk must close the file," the filing continued.
After the ruling was announced, DeSantis communications director Taryn Fenske issued a statement, saying, "Today the court upheld the governor’s decision to suspend Andrew Warren from office for neglect of duty and incompetence."
Warren had signed a declaration last June stating that "[b]ills that criminalize safe and crucial medical treatments or the mere public existence of trans people do not promote public safety, community trust, or fiscal responsibility," and as such the signers pledged "to use our settled discretion and limited resources on enforcement of laws that will not erode the safety and well-being of our community."
The governor's executive order said that "the Florida legislature has not enacted such criminal laws," but that "these statements prove that Warren thinks he has authority to defy the Florida Legislature and nullify in his jurisdiction criminal laws with which he disagrees[.]"
Posted by: Skidmark 2023-01-21 |