US District Judge Robert Hinkle, a Clinton appointee on Friday ruled Governor Ron DeSantis violated the First Amendment and the Florida Constitution when he suspended a Soros-backed prosecutor for refusing to enforce Florida abortion laws.
However, the state prosecutor, Andrew Warren, lost his bid to get his job back.
The federal court does not have the power to reinstate Andrew Warren.
As previously reported, Soros-backed Florida prosecutor Andrew Warren recently sued Governor Ron DeSantis to get his job back.
DeSantis wasn’t intimidated by Warren’s lawsuit.
“Warren said that it doesn’t matter what the legislature does in the state of Florida. He is going to exercise a veto over that. He’s also instituted policies of ‘presumptive non-enforcement’…that is not consistent with the role of a prosecutor. You can exercise discretion in individual case, but that discretion has to be individualized and case specific,” DeSantis said as he announced Warren’s suspension.
“It’s not surprising Warren, who was suspended for refusing to follow the law, would file a legally baseless lawsuit challenging his suspension,” DeSantis’ comms director Taryn Fenske said in a statement, according to Fox News. “We look forward to responding in court.”
Andrew Warren remained defiant in a brief statement to reporters on Friday.
“The idea that a governor can break federal and state law to suspend an elected official should send shivers down the spine of anyone who cares about free speech, the integrity of our elections or the rule of law,” Warren said on Friday, before telling reporters “This is not over.”
A federal judge ruled DeSantis broke federal & state law by suspending me because my vision as State Attorney didn’t fit w/ his political agenda. Judge said his court lacks authority to reinstate me but called on Gov to do so.
Let’s see what kind of man DeSantis actually is. pic.twitter.com/CQDEcGrQb6
— Andrew Warren (@AndrewWarrenFL) January 20, 2023
A federal judge ruled Friday that Florida Gov. Ron DeSantis violated the First Amendment and the Florida Constitution by removing an elected state prosecutor, but that the federal courts lack the power to reinstate him.
In an order dismissing the case, U.S. District Judge Robert Hinkle wrote that federal law prevents him from returning elected prosecutor Andrew Warren to office in a lawsuit that centered on state law.
DeSantis suspended Warren last year over the elected prosecutor’s signing of statements that said he would not pursue criminal charges against seekers or providers of abortion or gender transition treatments, as well as policies about not charging people with some minor crimes.