Ron DeSantis Oversteps His Authority by Suspending Tampa's Elected Prosecutor

Tampa top prosecutor Andrew Warren pledged to not prosecute women seeking abortions and those pursuing gender-affirming health care.

As Florida Gov. Ron DeSantis continues his culture war campaign against abortion providers and members of the LGBT community, prosecutors who choose to defy the governor's edicts may soon find themselves out of a job. 

Last Thursday, DeSantis signed an executive order suspending Hillsborough County State Attorney Andrew Warren, a progressive prosecutor who had previously pledged his office would not prosecute women seeking abortions or pursue criminal charges against those pursuing gender-affirming health care. "State Attorneys have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on his personal agenda," DeSantis said in a statement. 

Warren was first elected in 2016, defeating a longtime Republican incumbent with the support of liberal donor George Soros. Despite clashing with law enforcement over his refusal to prosecute minor offenses, Warren was reelected in 2020. Warren has said he will fight the governor's suspension in court. 

Article 4, Section 7 of the Florida Constitution allows the governor to suspend local officials for "malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony" and to appoint a temporary successor. The Florida Senate must approve a permanent removal from office and confirm the governor's replacement appointments. 

Previous governors have reserved that power for extreme cases of incompetence and malfeasance. In the last weeks of his governorship, then-Gov. Rick Scott, a Republican, suspended Broward County Supervisor of Elections Brenda Snipes, a Democrat, after her office came under fire for its mismanagement of the 2018 midterm elections. 

Snipes was the second consecutive Broward elections chief to receive a pink slip from Tallahassee; her predecessor, Miriam Oliphant, had been suspended by then-Gov. Jeb Bush in September 2003 after a task force report investigating her disastrous handling of the 2002 elections* revealed countless administrative failures in the county elections office, including hundreds of uncounted ballots found in filing cabinets and a gravely understaffed office. Neighboring Palm Beach County also saw their elections supervisor, Susan Bucher, receive the boot in January 2019, this time from DeSantis. Snipes and Bucher both resigned from their positions. 

DeSantis also suspended embattled Broward County Sheriff Scott Israel early in his tenure, after an investigation into the 2018 Marjorie Stoneman Douglas High School Shooting found Israel and the Broward Sheriff's Office responded to the massacre with "incompetence" and "negligence." He then appointed Coral Springs Sergeant Gregory Tony as Israel's replacement. The Florida Senate officially removed Israel from office in October 2019. 

However, suspending a prosecutor for using their discretion sets a troubling precedent. Many prosecutors across the U.S., including federal prosecutors, prioritize their resources to go after offenders who pose a threat to public safety and civil society. It is simply not possible for prosecutors to devote equal resources to every type of offense. 

Even when prosecutors adopt policies that seem political, the governor has less extreme tools for making sure that justice is done. When former Orange-Osceola County State Attorney Aramis Ayala, a Democrat now running for state attorney general, announced that her office would no longer pursue the death penalty, Gov. Scott reassigned 30 murder cases to a different State Attorney, prompting Ayala to sue. 

The Florida Supreme Court ruled that Scott's decision to reassign cases from Ayala's office was a legitimate use of the governor's powers. "The executive orders reassigning the death-penalty eligible cases in the Ninth Circuit to King fall well 'within the bounds' of the Governor's 'broad authority,'" the majority opinion explained. DeSantis himself used that same ruling to reassign homicide cases from Ayala's office in 2020. However, neither governor suspended or removed her from her position. 

What's more, DeSantis has declined to use his executive authority to suspend sheriffs who refused to enforce gun restrictions. Meanwhile, DeSantis has allowed state education officials to ignore federal anti-discrimination laws designed to protect LGBT students and teachers in Florida public schools.

Many lawmakers have expressed concerns that the suspension encroaches on the separation of powers between the governor and local governments in the state, something they see as contradicting DeSantis' messaging advertising his vision of a "free Florida." 

"Removing a duly elected official should be based on egregious actions—not political statements," Tampa Mayor Jane Castor tweeted in response to the governor's executive order. Like many Democrats in the state, she believes that the governor is thwarting the will of voters in her city by suspending Warren. "In a free state, voters should choose their elected officials." 

*CORRECTION: Miriam Oliphant was elected as Broward County Supervisor of Elections in November 2000, and the report covered her handling of the 2002 election only.

Comments

[The Margrave of Azilia]

By appealing to the senate, the suspended official can get a version of judicial review, analogous to an impeachment hearing.

"Despite clashing with law enforcement over his refusal to prosecute minor offenses"

Wasn't that one of the reasons for the suspension? I read that (due to lack of resources?) the DA wasn't enforcing trespassing at businesses, public drunkenness, and other things which should thrill small business owners.

[Mickey Rat]

The article does not actually appear to prove the premise of the headline, that DeSantis has overstepped his authority.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Eugene Volokh concluded it was legal.

[Claptrap]

Dan McLaughlin at NR (another attorney) came to the same conclusion. This is a black-letter constitutional power of the Governor.

Whether the Florida courts back DeSantis’s authority to suspend Warren under Florida law remains to be seen, but Warren will have an uphill battle. Article IV, Section 7(a) of the Florida Constitution explicitly empowers this sort of action:

By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office…any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension.

Moreover, the power to review DeSantis’s decision rests primarily with Florida’s Republican-controlled senate, which is likely to back him up, rather than with the courts. Section 7(b) of the Florida Constitution empowers the Florida Senate to “reinstate the suspended official [in a] special session by its president or by a majority of its membership.” As the Florida Supreme Court reiterated in 2019 when it upheld DeSantis’s suspension of Israel, the state’s longstanding rule is that judicial review is limited to deciding whether the facts recited by the governor amount to a legally sufficient case for suspension. So, if Warren wants to argue that he is not actually guilty of neglect of duty, he has to present his case to the Florida Senate, not to the courts.

[Red Rocks White Privilege]

Yeah, there's nothing here to actually show that DeSantis overstepped his authority here. A state prosecutor who openly says that he's going to pick and choose what laws to enforce based on his own views of whether they're worth enforcing or not is basically asking to be fired.

This isn't any different than when DeSantis kicked Susan Bucher and Brenda Snipes to the curb. Note how Florida, one of the most contentious states in presidential elections prior to 2020, ended up being called incredibly early in one of the most charged elections in American history. That's specifically because DeSantis sidelined partisan Democrats who were playing reindeer games with the election process. Now he's done the same with a far-left "prosecutor" who won't actually prosecute laws.

[Claptrap]

I expect that DeSantis's ruthlessness is an underlying factor in yesterday's raid, since that was something that's almost certain to improve Trump's position in the GOP primary. The Democrats know how to handle Trump even if he's elected, because he doesn't actually understand how the legal mechanisms of government and is easily goaded into dumb fights he can't win. DeSantis is running rings around them in FL, turning a split state into ruby red one while instituting durable reforms, and it scares the shit out of them.

[Red Rocks White Privilege]

I doubt they're thinking that strategically, although you're correct that DeSantis absolutely scares the shit out of the Cathedral for that reason. He's the kind of guy who can energize the GOP's base like Trump did in 2016, and he's a lot less likely to make unforced errors like discouraging them from using mail-in ballots or publically going after fellow Republican politicians over personal vendettas.

Which is actually why the GOP needs to move on from Trump as a presidential candidate, irrespective of how this raid turns out (if nothing else, because he's old as fuck, all other considerations aside). He did fine as a chaos agent six years ago, but he's not competent enough to actually take these guys on in a war he can win. DeSantis is a lot smarter about it; hell he hasn't even taken that bad of a hit for teabagging Disney.

[Overt]

DeSantis is great at cockblocking democrats. Whether he is good at neutering the leviathan or just turning it against others remains to be seen.

[Red Rocks White Privilege]

Yeah, it's one thing to do it at the state level. It's another to do it against a fully entrenched bureaucracy that's effectively been captured by the Dems since Obama waltzed in to office.

[Wizard4169]

Remains to be seen? Oh, puh-lease. DeSantis has made it crystal clear that he has zero interest in limiting state power. He's a-okay with a massive, intrusive government, as long as it's enforcing his agenda. All of his lofty rhetoric about "freedom" rings hollow as soon as you start looking at his actions. You're only "free" to choose for yourself as long as you make the right choices.

The worst part is, he really does seem to be the face of the current GOP. Any real small-government constitutional conservatives have been marginalized or driven out completely, and libertarians are the enemy. Given the current state of the Democratic Party, it shouldn't be all that hard to offer an appealing alternative. It's perversely impressive just how badly the Republicans have failed to do so.

[Ted]

It’s wonderful to see republicans who hit back and don’t put up with democrat lawless bullshit. The democrats and their lackeys must be savagely beaten down. They have declared war on Americans. So now anything we do to them is ok.

[Tim B]

unforced errors like discouraging them from using mail-in ballots

Was that an error? Would the outcome have actually been different without telling people to make sure to vote in person, and if so in what way?

[Wizard4169]

Yes, that was certainly an error. Mail-in voting is highly popular among older voters, who tend to skew R. Telling your own supporters that their votes will be stolen or ignored doesn't exactly help your cause, and telling them to vote in person instead was stupid for even more reasons than usual. In November 2020, COVID was raging, and the first vaccine wasn't approved yet, much less widely available. Since the virus hit the elderly hardest, they had one more reason not to physically go to the polls.

Suppressing turnout by your own voters is a great way to lose elections, and that's exactly what Trump did. Oh, and then, because losing the House and the Presidency wasn't enough, he threw away the Senate as well. If even one of the Georgia elections had turned out differently, Rs would have held their majority, albeit a razor-thin one. But, instead of campaigning hard in support, Trump preferred whining and lying about his own loss.

[Ted]

Their votes are being stolen and ignored. Mail in ballot one is bullshit. People who don’t want to vote in person have always been able to request an absentee ballot. Which is much different than democrat mass mail in ballots.

[DaveM]

"The Democrats know how to handle Trump even if he's elected, because he doesn't actually understand how the legal mechanisms of government [work] and is easily goaded into dumb fights he can't win. "

Trump doesn't do the work, and he doesn't hire people who do the work, either. He was legally sandbagged by the Democrats in 2020. He didn't understand their strategy, wasn't prepared to resist, didn't hire anything like enough legal help, and got his butt kicked hard as a result. Now he's all mad and on the warpath, but it's his own fault.

[Sevo]

"...but it's his own fault."

It's a shame TDS isn't fatal.

[NOYB2]

Trump really did make a lot of unnecessary errors, and that really did hurt him observing that isn’t “TDS”.

Trump also was remarkably effective in some ways.

[Inquisitive Squirrel]

You know, TDS cuts both ways.

[Gary Triest]

May be his own fault for not gaming the system as well as the democrats, a matter of political naivete, but he has every legitimate reason to be mad & on the warpath.
Once he gets back into power, there will be a lot of payback, well earned, that he will rain down upon all those who played dirty and who duplicitously undermined him while pretending to be on his side.

[The Jeffersonian]

Why do you STILL allow Trump to live rent free in your head?

And the ONLY way that the Democrats can "handle" Trump is with a Kangaroo Court and hearsay testimony. Just like another House Committee in the 1950's -- HUAC.

[Ted]

Except there really were Marxists. The current democrat regime is proof of that. We’re pretty much at the point now where the only real useful discussion is how to remove the democrats entirely. As they have declared war on America and are in the early stages of a soft Marxist revolution.

The democrat party no longer has any right to exist. Nor should it.

[TW]

Trump is many things but being effective at the business of governing is not one of them. DeSantis is actually competent and effective at doing more than stirring up supporters at a rally. And unlike Trump, what he does in office (other than judicial nominees which were mostly McConnel's doing) stands a good chance of lasting beyond the next Democratic administration.

[BestUsedCarSales]

Yeah, I'm very, very uncomfortable with this type of arbitrary picking and choosing which laws to enforce. I understand prosecutorial discretion when framed in terms of limited resources and we have to target some things more than others, but a wholesale refusal to enforce laws feels bad to me. That feels closer to corruption.

[Red Rocks White Privilege]

And note that Warren didn't even bother making that argument about resources. He flat-out stated that he wouldn't enforce laws he considered to be "immoral," which any GOP DA can just as easily use himself. At that point, it's not about the rule of law, it's about who holds the keys to power, but Democrats like Warren who view the world in terms of perpetual revolution against "the system" just don't have the future-time orientation to understand that.

[MJBinAL]

Prosecutorial Discretion is supposed to be on a case by case basis with regard to the circumstanced of the cases.

Prosecutorial Discretion is not supposed to mean "I don't like the laws the legislature passed so I am going to enforce only the ones I agree with."

DeSantis was correct, and within his powers to dismiss the Soros owned prosecutor.

[CLM1227]

The weird thing is that there is a constitutional tool available in the courts that prosecutors have refused to educate juries on that would do what Warren wanted without him refusing to do his job. Just allow instruction on jury nullification to the jury.

If the people really believe the law is unjust, then they can choose to acquit.

[Wizard4169]

It's not corruption, it's empty political theater. How many doctors do you really think would be willing to perform abortions because one prosecutor pinky-swore that he wouldn't go after them? How many are going to risk loss of their medical license, fines and possible jail time on the basis of a policy that could be revoked at any moment?

[Terran]

Are you that naive of human nature? What about when DAs around the country stopped prosecuting shop lifting? Was there more or less?

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[Agammamon]

Yeah, authors at Reason should learn to distinguish between 'I don't want that done' and 'doesn't have the authority to'.

[Nardz]

Emil is a lying piece of shit, like all Reason staff.

[VULGAR MADMAN]

I didn’t think reason approved of insurrectionism.

[Social Justice is neither]

Sure they did, their approved insurrection and terrorist acts were the entirety of the spring and summer though.

[R Mac]

Reason authors are emotional children.

[Mother's Lament]

Á àß äẞç ãþÇđ: "Eugene Volokh concluded it was legal."
Claptrap: "Dan McLaughlin... came to the same conclusion."

The same thing happened with Dobbs. The law profs at Volokh said it was a well crafted decision but the Reasonistas took their cues from Washington Post criticism.

[D-Pizzle]

I believe Blackman said he could teach an entire law school seminar on the Dobbs decision.

[RedPilledConservative]

Exactly!! In fact - one paragraph clearly details that the governor has this power regardless of whether it had been utilized previously!

[MoreFreedom]

I agree, in fact the article states the governor has that authority:

"Article 4, Section 7 of the Florida Constitution allows the governor to suspend local officials for "malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony" and to appoint a temporary successor."

Whomever wrote the headline deserves a reprimand for either bias or incompetence.

[BillyG]

Try reading CNN articles sometime. It's even worse where the headline doesn't match the article.

[Terran]

This should never be recommended to anyone.

[Brett Bellmore]

No reason they can't get a reprimand for both.

[ThomasD]

That the byline is an intern tells you all you need to know about the substance within.

[Gaear Grimsrud]

Weird. Everybody at Reason except the interns are editors but there doesn't seem to be any editing going on.

[Gaear Grimsrud]

She manages to tell a bald faced lie in the first sentence. These prosecutors are refusing to enforce state law, not the governor's "edicts". DDS has already infected Reason.

[Clipton]

I'm finding that to be the case with a number Reason articles recently. It's almost like they choose a headline first which reflects their predetermined view then write the article afterwards whether it supports that view or not. Reason is rapidly becoming like the mainstream media which it purports to criticize.

[debo10]

You want to talk about over stepping? How about the federal government spying on Americans, shoving trillion dollar stimuluses, so called inflation reduction act, lockdowns, vaccine mandates, allowing open borders, creating protected classes, going after political opponent, and overtaxing without representation (went to war for this), etc.? This is just naming a few of the things government has been abusing. We are not living in a banana republic. And don't get me started on the abuse of the first and second amendments! Even many Americans think that the government can govern speech and tell us that we can't own weapons! This is incredible! They have no right!! None! How about enforcing the laws and locking up criminals instead?

[Terran]

We are or are not living in a banana Republic? Most of your post shows we are, but then you say we aren't.

[Yatusabes]

ERIC BAZAIL-EIMIL is a 2022 Burton C. Grey Memorial intern at Reason.

When interns can write AgitProp like this cringey piece, and a headline out of National Lampoon, you know Reason has lost its way

Intern? LOL

[damikesc]

Odd that all of the interns here are leftie shit for brains, ain't it?

Fuck off, useless intern.

[Earth-based Human Skeptic]

Reason as stepping stone to Vox and Slate.

[Nardz]

Not if your head ends up on a pike first

[Nardz]

*not Earth-based Human Skeptic's head, but aspiring Reason-style writers generally

[Terran]

We got it.

[debo10]

Absolutely! It's as if they cut of the synapses to thinking.

[Yatusabes]

It is simply not possible for prosecutors to devote equal resources to every type of offense.

If they only had interns like Eric!

So what do you hope to be when you grow up, Eric? Spider Man or Batgirl?

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

He identifies as Spidergirl!

[Earth-based Human Skeptic]

How about one of those bugs who can change gender daily? Or a worm with different gear at each end?

[Ted]

Spider-Gwen?

[Mickey Rat]

What happened to executive branch state and local government officials should resign if they cannot in good conscience perform the required duties of their offices?

The social progressive culture warriors established these rules. They need to learn to live by them, however it makes them howl.

[Claptrap]

Exactly. Do the job you were hired to do, or get a new one. Zero sympathy here.

[creech]

Good thing someone wasn't refusing to issue same sex marriage licenses.

[CFred]

“However, suspending a prosecutor for using their discretion sets a troubling precedent.”
There is a big difference between using prosecutorial discretion on a case by case basis and a blanket refusal to enforce a state law.

BTW those Sheriffs never refused to enforce any actual law; they spoke out against proposals that were never enacted.
Those educators were allowed to ignored federal laws, not state laws, under the same theory “sanctuary” states & cities use

[Libertariantranslator]

When Raymond Frank was Travis County Sheriff we held benefits for him at Soap Creek Saloon. His boys rarely interfered with the line of acidheads driving home at 5 mph at 2AM, but this was with a wink and a grin. Nobody got in Governor Adolph's face refusing to enforce the... come to think of it... I'm not even sure there WAS a law against driving on acid back then. A lot of Statehouse kids frequented the saloon, so it was not smart to Gestapo heavy with them either.

[Ted]

Ok grandpa. Now story time is over. Time to change your diapers.

[Bubba Jones]

"neglect of duty"

[awildseaking]

Intern, take a look at the US Constitution and see if you can find the part that talks about the thousands of municipalities within the US that have their own municipal Constitutions that cannot be infringed by state governments.

If you even have to google this, you dun goofed. Municipalities are delegations of authority from the state. States have supremacy and supersede municipalities in all cases.

[Briggs Cunningham]

neglect of duty

I am pretty sure enforcing the laws of the state is a duty of a prosecutor. When a prosecutor says he will not enforce a law at all, he is guilty of neglect of duty. If this guy had refused to enforce a law against gay bashing or using the wrong pronouns, reason would be all about getting him out of office. Reason only objects here because they don't want the law enforced not because they have any case that DiSantis overreached his authority.

[Yatusabes]

well, when they are down on resources, and Reason interns are not available to fill the gaps due to said lack of resources, because they have to write AgitProp to defend Soros DA, you can see the conundrum. Enforce laws where ANTIFA BLM Anarchists looted, rioted and caused millions in damage in Tampa or defend a 5 year old's right to have their nuts snipped so that he can be a she and not have to lick itself no more!

[damikesc]

It is odd how Soros prosecutors never seem to do wrong to writers here.

[Briggs Cunningham]

Remember the woman in Kentucky who refused to issue gay marriage licenses? Reason was all about following the law and doing your duty then. Not so much now. If reason didn't have double standards...

[Earth-based Human Skeptic]

I think you assume too much when you consider the concept of standards while critiquing Reason.

[JohnZ]

The author of this article is really butthurt. As DeSantis stated, this D.A. decided which laws would be and wouldn't be upheld, which he has no business doing. The D.A. was another Soros whore, like Boudin, Gascon Foxx and krasner. Allowing rioters to go free without prosecution was his first mistake. Now he's finished....good riddance. He can join Boudin in the unemployment line, soon to be joined by Gascon.
Kudos to De Santis. One more Soros bought and paid for POS gets the boot.

[Alan Vanneman]

Miriam Oliphant was elected to her position as election supervisor in the 2000 elections. Therefore, she did not oversee them. Her removal was due to the incompetence she displayed in the 2002 elections and thereafter.

[Diane Reynolds (Paul.)]

There is no such thing as "gender affirming Healthcare". Quit uncritically using the language of activists.

[Spiritus Mundi]

I'm pretty sure the intern who wrote this garbage is a leftist activist.

[Earth-based Human Skeptic]

And an accomplished college major in some grievance studies departments. In other words, an idiot.

[Gary Triest]

WTF is she doing at Reason?
SJW Gender studies major, putting on a progressively bad face at Reason.
The freaken article is clickbait, badly written, and doesn't make sense.
Jeesh I could write better than this and that is not saying much.

[BestUsedCarSales]

Viagra.

[BestUsedCarSales]

My gender is most affirmed when I can open a beer bottle with my penis.

[Call me Don]

Words have gender. Mammals have sex. A man in a dress who claims to be a woman is a transvestite. Surgical and/or chemical mutilation does not change a person's sex.

Impressed with the beer bottle thing, though.

[Beezard]

I’ve heard tales of this muttered in the shadows of taverns…the salts speak of Old Leatherhead...

[Gaear Grimsrud]

A twist off? Or some hoydee toydee UK stout.

[NOYB2]

We call it “state sponsored castration”. Progressives pushed it already in 1930’s for “sexual deviants”, and Iran “offers” it to homosexuals.

[justme]

exactly. chemical castration and physical mutilation is not healthcare. that is abuse and anyone willingly submitting to this is mentally ill. children cannot legally submit to these procedures and when their parents allow it they're committing child abuse.

[Naime Bond]

'....ignore federal anti-discrimination laws designed to protect LGBT students and teachers in Florida public schools. ...' That's probably the 1st or second reason one votes for a Governor like De Santis.

[Terry Anne Lieber (Don't Feed Tony)]

Reason: "Ron DeSantis Oversteps His Authority by Suspending Tampa's Elected Prosecutor"
Also Reason: "It's no secret that we have little love for the FBI here at Reason, and the raid could well turn out to be conducted under a politicized pretense, but for now we don't really know what's going on."

[Cyto]

Well played.

[Terran]

Brutal!

[Brandybuck]

Moar persecution of Republicans! [crying] Leave Ron alone! [/crying]

[Red Rocks White Privilege]

Jesus, pointing out that the author is wrong and that DeSantis actually has the authority to remove him for not doing his job is hardly histrionic.

[Sevo]

Brandyshit is a TDS-addled lefty shit pile, claiming libertarianism, but revealing his preferences.

[R Mac]

Saying Desantis doesn’t have the authority to do something, then citing the statute that clearly states he has that authority, makes you look like a moron.

But you know all about being a moron.

[Social Justice is neither]

No, morons usually don't have the self-awareness to realize their own limitations.

[Inquisitive Squirrel]

This article reads like someone who knows their assertion is not true, but just really, really want it to be true because they don't like the action that was taken.

[damikesc]

No, it reads like it was a written by a moron college student who thinks they are really intelligent when they, tragically, are an absolute moron.

Hint: If you were smart, a real journalism outfit might have taken you.

[Sometimes a Great Notion]

Hint: If you were smart, a real journalism outfit might have taken you.

Fact Check: False

Our extensive research shows that in fact there are no "real journalism outfits" anymore, and we can't be sure they ever existed. Furthermore if someone was indeed smart then they wouldn't be a journalist.

[Just Eric]

"It is simply not possible for prosecutors to devote equal resources to every type of offense."

True, but this prosecutor made clear that he would not prosecute under certain laws even if not resource constrained. He wants to legislate, and is welcome to pursue his dream of being a law maker. A prosecutor may have discretion to prioritize efforts, but does not get a veto over the legislature's and governor's duly enacted laws.

[damikesc]

"However, suspending a prosecutor for using their discretion"

When you sign a document saying you will not prosecute ANY such crimes, you are not using discretion. You are engaging in prosecutorial nullification, which he does not remotely have the right to do.

[sarcasmic]

Where is the line between prosecutorial nullification over political bullshit and refusing to enforce an unjust law?

[Mother's Lament]

"refusing to enforce an unjust law?"

Why is it unjust? What gives the prosecutor the authority to overrule the house and the personally determine what is just and unjust?

[sarcasmic]

That's my question.

[sarcasmic]

Say they pass a law banning all guns. Is the prosecutor supposed to jail everyone who doesn't comply and let the courts sort it out?

If "I vas just following orders" isn't an excuse, how is "I vas just enforcink the law?"

[Zeb]

If it's important enough to you, then you do what your conscience demands and accept the consequences. You can't have it both ways. This guy wanted to be an agent of the state, so he gets to deal with the laws that actually exist, not what he wishes were the case.

[Libertariantranslator]

At Nuremberg, conquering Allies had defeated the armies, arrested Nazi leaders and were trying them under one of the Geneva Conventions. Jurisdiction changed rapidly when they lost, and a tangled mess it was. Florida was Spanish-Seminole, then Confederate... borders matter outside of the Stone Age.

[Rossami]

I'm not sure why you think there is a line. Or why you think it matters.

Executive Branch discretion, like jury nullification, is one of the less-talked-about but still important checks and balances in our system. Prosecutorial nullification is an expression of that Executive Branch discretion. Yes, the Executive Branch can "overrule" the House by deciding not to prosecute what they consider an unjust law.

The relevant question here, however, is whether a subordinate prosecutor is allowed to express discretion entirely independently from his/her Executive Branch superiors - in this case, the governor. The answer under Florida law is no.

[sarcasmic]

What's the point of electing the prosecutor if they've got to ask "Mother may I?" to the governor before expressing discretion?

They may as well be appointed.

[Zeb]

There are a lot of local elected positions that are pretty much just a job you need to do.
I think it makes more sense for prosecutors to be appointed by the executive. It shouldn't be a political position at all. The laws are what they are.

[Mother's Lament]

A prosecutor tasked with enforcing the laws isn't a "Mother may I?" situation.

[Outlaw Josey Wales]

You're conflating the prosecutor's discretion with their duty to do a job. A prosecutor can choose to not prosecute a case for a variety of reasons but I don't agree with this law is not one of those reasons.

[Rossami]

Actually, it is. Prosecutorial discretion is absolute. The only counterbalancing controls are impeachment by the legislature, recall (or non-reelection) by the voters or firing by a higher Executive Branch officer where allowed. And all of those are after-the-fact controls.

[mad.casual]

Moreover, the point keeps getting glossed over that "I won't prosecute *this* case." is prosecutorial discretion. Saying, up front, "I won't prosecute this/the law." is neither prosecutorial or discretion.

[Mother's Lament]

^this

[Rossami]

Great question. I have no idea why FL elects prosecutors. Not every state does.

But elected prosecutors are no different than all the other elected members of the Executive Branch who are nonetheless subject to their own governor's supervision.

I guess the one reason to independently elect prosecutors might be to avoid the patronage that goes with appointments. Elected prosecutors at least can't be easily pressured into making kickbacks. Or maybe the local political parties like it because the campaign itself is training for higher elected positions. I'm speculating. None of those reasons change the 'unitary executive' rule.

[Call me Don]

If you do not want to enforce an unjust law, resign.

[Joe Brandon]

^^^^

[The Margrave of Azilia]

The Senate will decide his fate.

[DRM]

One of the charges against King James II, accusing him of tyranny and justifying the Glorious Revolution that deposed him, was that James assumed and exercised a power of suspending the execution of laws without consent of Parliament. That was why the English Bill of Rights of 1689 explicitly established that royal authority did not extend to doing that.

That was the context, understood by all of the Framers, when they provided that the President had a a duty to "take Care that the Laws be faithfully executed" in 1789. A provision that is directly echoed in the Florida Constitution, Article IV, Section I(a), that "The governor shall take care that the laws be faithfully executed".

[Nardz]

+

[Terran]

I hope the intern reads this comment at least.

[R Mac]

Ha!

[Agammamon]

In other words, DeSantis *isn't* overstepping his authority - it's just unclear if 'I won't do my job' counts as malfeasance.

[John C. Randolph]

Malfeasance or not, it's dereliction of duty.

-jcr

[NOYB2]

It counts as “not faithful execution”.

[Agammamon]

Guys, I'm not making a statement about whether or not this counts as whatever - and I'm just not interested in your non-lawyer opinions on it.

I am saying that there is no 'clear overstepping of authority' here.

Even if a court finds that the DA is within their elected power to do . . . whatever, it is not clear *right now* that DeSantis is overstepping his authority - which is the claim by the author.

[Unicorn Abattoir]

"State Attorneys have a duty to prosecute crimes as defined in Florida law"

"Article 4, Section 7 of the Florida Constitution allows the governor to suspend local officials for ... neglect of duty"

"refusal to prosecute minor offenses"

This has nothing to do with GBLTs. And he does have the authority.

[damikesc]

I also love how Reason harps on LGBT when only one of the four letters is an issue at all.

[D-Pizzle]

One of these letters is not like the others.

[Ted]

Even according to a lot the L’s, G’s, and B’s.

[John C. Randolph]

He didn't overstep his authority, he did his duty in removing a Soros minion who was deliberately refusing to do their job. Stupid article is stupid.

-jcr

[YuckFou]

Well put. The quantity of stupid in this article is above Reason's norm.

[MJBinAL]

A high standard indeed.

[Earth-based Human Skeptic]

"State Attorneys have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on his personal agenda," DeSantis said in a statement.

Eric Twit, tell us how you justify your disagreement with this.

[Terran]

" It is simply not possible for prosecutors to devote equal resources to every type of offense. "

This was one of the reasons stated. A very anarchic way of looking at things, if the laws on the books only matter when the prosecutor wants them to, then rule of law has ended, and the rule of men has returned. Also what a great opportunity at that point in the article to, instead of continuing to conservative bash cause it's cool, point out how a libertarian society would reduce the number of laws to a manageable amount. Oh well, why would Reason ever want anyone to vote libertarian.

[Ted]

If the rule of law is over, then so should the existence of the left. Why should we tolerate their existence if there is no law?

[Terran]

Because of principles not principals my friend.

[Ted]

Really? What principle is in play when you allow an enemy that has declared war on you, and eliminated the rule of law, to continue attacking you?

[mad.casual]

This is CNNReason:

A Hero Is Born! Meet the daring A.G.
who won't enforce the laws with which she disagrees
Plus, Kim Davis, the mouth-breathing slob
Should we jail public servants who won't do their jobs?

[ElvisIsReal]

BURN

[Dace Highlander]

Wasn’t that paraphrased/lifted from a REMY song?

[Rossami]

DeSantis' decision may be politically unsound and socially unwise but it is most definitely not an "overstep" of his authority. Florida state law pretty explicitly gives the governor precisely this authority over subordinate members of the Executive branch.

There was a related article over on the Volokh Conspiracy a few days ago that goes deeply into the legal reasoning. Note that it would not necessarily be true in other states - the analysis looked at the precise way Florida's laws are written.

[John C. Randolph]

may be politically unsound and socially unwise

It is neither. DeSantis is certainly aware that his constituents are sick of Soros operatives ignoring the law. Hell, even San Francisco voters kicked that piece of shit red-diaper baby Chesa Boudin out of office.

-jcr

[I, Woodchipper]

As Florida Gov. Ron DeSantis continues his culture war campaign against abortion providers and members of the LGBT community, who are dedicated to pushing transo bullshit confusion onto young children.

There fixed that for you

[Sheldonius Rex]

Groomers mad.

[I, Woodchipper]

And of course, Reason would be writing breathless tongue-bath articles about a governor who fired a DA that was overly aggressive prosecuting transo docs for giving secret hormones to kids behind the parent's backs. Reason would never be able to stop talkinga bout what a great move that was.

[Oscar Gordon]

There is a huge difference between "exercising prosecutorial discretion" and stating outright that you will not prosecute certain crimes. The first is something all prosecutors have to do to utilize resources as best they can. The second is a dereliction of duty. If the prosecutor had kept his mouth shut, and failed to prosecute the crimes, he could argue that he was best using the resources he had AT THE TIME. By opening his mouth he made it political.

[sowell_man]

Eric knows this. He's just mad because he likes what the DA was not prosecuting. He has no consistency of standards. He's a woke leftist pretending to be a libertarian.

[Cyto]

I do not know what particular authority the governor has in this particular case. But I do know that in Florida the governor removes elected officials all the time, and often to very good effect.

Broward county was one of those Democrat strongholds that somehow cannot report election results until the next day ... Like Philadelphia and Atlanta and Milwaukee.... And the governor replaced Brenda Snipes. Broward reports election results simultaneously with the rest of the state now. And magically it is less purple.

The governor removed the Sheriff of Broward county in the wake of the Marjorie Stoneman Douglas school shooting. The results have been positive.

There have been quite a few sherrif scandals that resulted in governor's stepping in.

This particular prosecutor had some pretty bad partisan baggage with respect to his duties.. but more than that, he had some pretty eggregious cases that he declined to prosecute that resulted in serious harm to citizens. That is why you saw a lineup of local sheriffs in support of removing this guy.

The putative future cases that he might not prosecute in defiance of a future law is a pretty weak thing to hang your argument on, when the present reality has plenty of meat on the bone.

[Crackers Boy]

Just another example of Reason slamming Desantis, ahead of the 2024 Presidential Elections.

CB

[I, Woodchipper]

DeSantis is the new WorseThanHitler Republican and must be stopped at all costs or our democracy will disappear!

[Terran]

Poor reason writers, having to once again reluctantly vote Democrat to save our democracy.

[Denys Picard]

Neglect of duty. The problem here appears to be with Attorney Generals who make public announcement concerning discretionnary dimensions of their work. Both the example here concern AGs who made public announcement. I believe that this is streaching discretionary powers of their duty in signaling that they are their own Law...a mistake. Warren could win yet deSantis may go around and ask another jurisdiction to prosecute.
In the example of Ayala, the cases were prosecuted yet the sentence, clearly a discretionnary power was spelled out loud. This could in fact pervert the system where lawyers from other jurisdiction and with leverage would call for their cases to be tried in Ayala's district...would this be fairr for accused stuck up with low influence defense teams?
If Warren had not made the public announcement, the situation would be very different. If Alaya similarly had ot made his position public, the situation might have well evolved differently also. Elected gs must avoid becoming openly politically positioned because they give the wrong image of neutrality.

[wreckinball]

Hah ha what a joke of an article. But it's Reason

"neglect of duty" was listed as a reason. Not prosecuting the law is neglect

[Terran]

Especially when you publicly say you will neglect those crimes.

[Sometimes a Great Notion]

Terrible Headline, since you totally refuted the statement in the actual piece. But I'll help the author out; should have quoted Cocaine Mitch.

“If you want to play games and set yet another precedent that you’ll no doubt come to regret, I say to my friends on the other side of the aisle: You’ll regret this, and you may regret it sooner than you might think,”

[Truthteller1]

The millennial intern is upset because the governor is exercising his legal authority. Shocking.

[TrickyVic (old school)]

""Article 4, Section 7 of the Florida Constitution allows the governor to suspend local officials for "malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony" and to appoint a temporary successor. The Florida Senate must approve a permanent removal from office and confirm the governor's replacement appointments. ""

Neglect of duty? So you're saying it IS within his authority.

[I, Woodchipper]

neglect of duty,

Seems pretty straightforward. I'm no fan of DAs and they are the lowest form of human life but "neglect of duty" is pretty vague and you can shoehorn pretty much any reason you want into that .

[justme]

so without a da how exactly would we prosecute the criminals?

[I, Woodchipper]

Some counties and cities have passed laws that dictate to the DA that he must de-prioritize marijuana crimes tto the lowest priority. in other words, they didnt override the law but they made it so that unless there are literally no other crimes on the docket, the DA must not prosecute for the marijuana crimes.

If a DA continued to do so, it would be perfectly fine for a governor ot remove him and , again, Reason woudl be breathlessly cheering it. (which would be appropriate in that case too)

[The Margrave of Azilia]

The DA can appeal his case to the state Senate, which under Florida's special constitutional set-up seems like in some ways analogous to impeachment.

Since the laws the DA refuses to enforce are perfectly constitutional, then by not enforcing them he's attacking the Constitution itself, which is a neglect of duty.

If, on the other hand, he upheld the constitution and refused to enforce, say, a gun-confiscation law, that would be doing his duty, not neglecting it.

I hope the Senate (if it gets to them) will be able to understand these nuances.

[Anastasia Beaverhausen]

How could he have "overstepped his authority" when the authority was granted him in the state's Constitution?

(Personally, I think he's a right-wing Neanderthal wielding the iron fist of the state against his enemies, just the same as the D's do when they are in power. That's why the Republicrats are no different from the Demopublicans.)

[I, Woodchipper]

Protecting kids who are trapped in state-mandated public school from transo groomers and pervs is "wielding the iron-fist of the state against his enemies"

[Ted]

Republicans aren’t supposed to hit back, and are only allowed to say ‘aw shucks, that’s not fair’ when getting fucked over.

[I, Woodchipper]

Refusing to lock down everyone in their homes and refusing to shut down businesses churches and schools over a glorified seasonal flu is "wielding the iron fist of the state"

Gotcha

[justme]

eric sure sounds like a shill for the leftists:

"continues his culture war campaign against abortion providers and members of the LGBT community, prosecutors who choose to defy the governor's edicts"

"suspending a prosecutor for using their discretion sets a troubling precedent"

here's a news flash for eric, the da takes an oath to the constitution and to uphold the laws of the state. he does not get to decide which laws to prosecute. the legislature makes laws and the da prosecutes all the laws. the da is not a law unto himself only prosecuting the laws he agrees with. not only should this da be fired but prosecuted and jailed. this guy is a male clone of kim fox.

[Tony]

Meanwhile,

Investigate Trump for crimes he committed and it's Civil War 2.0!

[I, Woodchipper]

Show me the man and I'll show you the crime.

[Terran]

This made my day!

[Ted]

You had better pray the war isn’t on. If it is, your distance will become short and painful.

[sowell_man]

"A dangerous precedent."

A more dangerous precedent is the attorney using his own arbitrary discretion to decide which laws he will and will not enforce. This arbitrary enforcement is also completely based on his political biases, rather than pragmatically trying the most severe cases first.

You know that, though, you just don't care because you like that he's woke.

[justme]

why does reason hire these woke leftists and allow them write this garbage?

[Mickey Rat]

Because that is what the j-schools are producing and ththe senior staff have felt the tug of the Left for a long time.

[Ted]

They want to keep their employment options open and don’t want to become social pariahs among the traitor set.

[Nardz]

Because Reason is a progressive advocacy publication whose purpose is to gaslight readers into accepting leftist globalist totalitarianism as compatible with liberty, and preferable to anything that stands in its way

[Tony]

It's not a dangerous precedent, it's what prosecutors do every day.

Libertarians who don't like an overbearing government, say one that has decided to police women's reproductive systems, should see prosecutorial discretion as a great and useful tool in the service of freedom.

[justme]

that is a very bad method to govern a society. a much better way is for congress to pass the correct laws and the courts to prosecute ALL the laws passed. if a law is bad the answer is not for the da to ignore it, but for congress to correct it. prosecutorial discretion is very subjective. a completely objective legal system is best for everyone.

[Tony]

Of course a completely objective legal system isn't best or probably even coherent as a concept. Discretion is fundamental to any sophisticated philosophy of justice, whether we're talking about not squandering public resources, not imposing cruel and unusual punishment, all the way up to not accepting "I was just following orders" for committing atrocities.

But maybe throwing women in prison for getting abortions would be in the interest of justice in the long run, if it convinces people not to elect religious lunatics to office.

[Ted]

You’re a blithering idiot. But then, by your own admission, you only have an 85 IQ.

[I, Woodchipper]

Now try every other body part and medical decision...

[Tony]

If I have to explain to a libertarian why government should let people do with their own bodies what they want, it's going to be a long haul before we get to understanding property rights.

[I, Woodchipper]

you sadly lack reading comprehension.

[damikesc]

Well, as long as they are not demanding to not be forced to be injected with stuff or forced to wear masks that have no benefit. Then, it is "DO WHAT I SAY, PROLE!"

[Libertariantranslator]

Tony conveniently repeats the lies told by pulpit-thumping girl-bullying national socialists who now infiltrate the LP after the Tea Party got burned by one of its own flaming crosses. GOP Ron Paul, who wants men with guns to force women into involuntary labor, is the most commonly-cited example, but Brandon Phinney was another in 2018, and Amash, the Anschluss poster-child is a third. Observe how handily they validate Tony's accusations that Libertarians are girl-bullying rednecks with green teeth, and remember Kansas!

[Gaear Grimsrud]

Who will translate the translator? Does such an individual even exist?

[Ted]

Nope.

[Joe Friday]

He oversteps his authority every day by micromanaging locally elected officials, boards, and governments - his way or the highway, and this coming from a little prick who won his election by 30k our of 8 million total votes. Compared to Trump and Bush who both lost their votes, I guess the GOP thinks that's a mandate.

DeSantis also likes to dictate to businesses what they can and can't do and brought the full weight of the state down on Disney because he didn't like their CEO criticizing him.

If you want someone in your face everyday like Trump, but also fucking you because he actually gets things done, he's your guy.

[mad.casual]

Actually, this is the exact opposite of the facts. It's well within the AG's purview to prioritize efforts and as long as some effort is made somewhere neglect is refuted. The only way neglect sticks is if the AG says, up front, "I'm not going to do my job. Somebody needs to manage me."

If AG had cracked heads on gang violence and/or illegal immigration and/or illegal COVID orders and softballed all but the most egregious abortion/trans cases DeSantis probably wouldn't have said or done shit. Same with Disney. If they'd just been content to let Florida educate children like they had been for the last ~100 yrs. rather than swerving *well* outside of their lane, DeSantis wouldn't have (and didn't do) jack shit.

Waiting until people are flinging shit and wading in once the shit has hit the fan is the opposite of micromanagement.

[Terran]

Dude, that's Joe Friday.

[Ted]

Of course what he says is the exact opposite of the facts. Ot always is with him. He’s a commie traitor, and supports grooming of small children.

[Its_Not_Inevitable]

"by micromanaging locally elected officials, boards, and governments - his way or the highway"
"DeSantis also likes to dictate to businesses what they can and can't do"

Sounds like your kind of guy. But I suppose he's not of The Party.

[Joe Friday]

PS Warren is twice elected to his office, not an appointment. The once elected governor - by the thinnest of margins - has just erased the will of the people. something Trump tried to do.

[Libertariantranslator]

I hear The Don is entertaining FBI officials at his Mar-El-Lago place.

[R Mac]

We can add Hank Phillips to the list of “libertarians” that support political prosecutions. Surprising no one.

[Ted]

Hank is a red diaper baby longing for a Marxist takeover and a violent end to all religion.

[damikesc]

If he refuses to do his job, them's the breaks.

He wanted to be paid and maintain his power without taking up his responsibilities.

[Libertariantranslator]

I'm behind on my Newspeak. Is gender-affirming health care anything like mutilation of actual persons already born? I looked for definitions and found only gibberish.

[Ted]

At least you’re up on your word salad.

[Cloudbuster]

The incredibly low quality of Reason writing and thinking anymore is kind of shocking. I just read an author write an article claiming that DeSantis overstepped his bounds that demonstrates conclusively that DeSantis did not overstep his bounds. It's pretty embarrassing. I'd suggest that the interns need a lot more training before being published, but, honestly, the long-term writing staff is no better.

[JD Daily]

The author Eric Bazail-Eimil doesn't provide any argument that the suspended state's attorney's blanket policy of not prosecuting certain crimes is properly practicing prosecutorial discretion. Federal courts have ruled that blanket policies to not enforce laws is not proper use of executive discretion when several States AG's sued B.H.O.'s administration over his E.O. extending DACA to DACA individuals parents.
Besides as many commenters have stated case law in FL supports the governor's actions. The suspended soft on crime prosecutor will get his day in "court" in front of the state senate. However, is it worth the time to present his case to the lopsided Republican body. Unless he feels it will improve his resume why bother?

[Marshal]

As Florida Gov. Ron DeSantis continues his culture war campaign against abortion providers and members of the LGBT community,

I appreciate when the writers let us know right up front they ae engaging in propaganda.. It saves so much time compared to wading wading through the article.

[Vernon Depner]

those pursuing gender-affirming health care.

No, those pursuing it should not be prosecuted. The quacks offering people this "health care" should be prosecuted.

[JohnZ]

Don't forget there are other District Attorneys "elected by the people" who also used their discretion when it comes to prosecuting crimes.
You know their names: Chesa Boudin, George Gascon, Kim Foxx, Larry Krasner, Alvin Bragg, just to name a few of the 75 D.A.s who are bought and owned by George Soros.
Boudin of course was so bad he was just recently given the boot by the voters in Frisco and even now George Gascon is next, that is if the communists in L.A. don't decide to destroy all those 750,000+ signatures on the petition....but you know how accidents happen.
This latest dust up is brought to you by George Soros, the sole owner of more than 75 District Attorneys who willingly do his bidding, even if it means allowing dangerous felons back onto the streets. Which is what they do. Thank them and Soros for the nearly out of control crime in cities like Frisco, L.A. Chicago and Philadelphia. The cities aren't safe even during the day thanks to those worthless miscreants.

[Joe Friday]

I like how you put "elected by the people" in quotes, given that's something your leader has never experienced and never will.

We live in a democracy. If you don't like it, leave.

[JohnZ]

Democracy died yesterday, along with it, the Constitution and the rule of law.
We are no longer a nation of laws but a nation of men /elites." "Democracy are two wolves and a lamb debating what to have for lunch. Liberty is the lamb contesting the vote with a loaded rifle." Benj. Franklin.

[JohnZ]

By the way Joe, America was never meant to be a democracy.
It was meant to be a Republic......if you can keep it.

[Its_Not_Inevitable]

It's that pesky Constitution Joe wants to get rid of. Especially that awful Bill of Rights.

[Ted]

Thankfully, the 2nd amendment puts us in a position to shoot the wolves.

[Joe Brandon]

go fuck yourself.

[Brondie]

He overstepped nothing. DA's not prosecuting by the law? Get rid of them. It's well beyond time to strip prosecutors of the power of choosing which laws they prosecute.

[Joe Friday]

Brondie, unlike DeSantis, the DA has been reelected and there have been no transgender or abortion cases in his district and the laws are both questionable and have not been challenged. The crime rate in his county has consistently declined during his tenure. I know MAGA fucks like DeSantis don't believe in elections, but our democracy depends on the people choosing their leaders, not a pussy punk governor who squeaked into office on 30k votes out of 8 million. If governors around the country start dumping DAs and other elected officials they oppose, like this jerk-off, the results will be the end of democracy.

[Mother's Lament]

Double-check your talking-points pdf. Almost none of that was true.

[Joe Friday]

Then challenge it with facts dipshit. It's all true.

[Azathoth!!]

Then challenge it with facts dipshit. It's all true.

All true?

No.

DeSantis has been re-elected. In Congress.

Tampa's crime rate is up not down. The articles say 'spiking'. Guess since when.

DeSantis initially won by over 100,000 votes. And then, guess what happened? Surprisingly, ballots were found. No! Guess who those ballots favored?

And they made just enough to trigger a recount. Surprise, surprise.

But the recounts flopped.

If governors are empowered by their state constitutions to dump DAs who refuse to uphold the law, and they do, then the system (very likely put in place BY Democrats so they could get rid of pesky prosecutors) is working.

And you, 'Joe', as always, are lying.

[JohnZ]

Agreed. As for proof of the problem all it takes is a good look at the out of control crime in every major city. Felons are cut loose with no-bail bond . Some are allowed to plea down to a lesser charge and on and on.
https://cwbchicago.com/

[Roberta]

The degree of special pleading here has gotten ridiculous.

[Clipton]

Hey Eric, "In a free state, elected officials should enforce the laws enacted by the voters."

[Gary Triest]

So?
Where is the explanation that justifies the title of this clickbait article.
It was not an overstepping of Ron DeSantis authority to do what he did, and this article doesn't substantively refute it.
It is just a series of whining complaints with no meat to the claim.
Reason's articles are getting lower and lower in quality, the denigration of which is directly related to Reason's editors and reporters wanting to be part of the DC cocktail party in-crowd.

[Yatusabes]

Where is the explanation that justifies the title of this clickbait article.

Meh. The titles help me discern whether there will be a long list of snark but because snark is what restores the disequilibrium in the universe. No one reads the articles, not even the authors apparently

[tlapp]

The headline says one thing but in the article it shows he has the power to do this for neglect of duty. Refusing to prosecute the laws as passed by the elected representation is as clear cut neglect of duty as you can get.

The article is hogwash

[Joe Friday]

Yeah, except Warren didn't do that. The abortion law is in the courts, challenged because Florida has a right to privacy in it's constitution added by a citizen ballot initiative about 12 years ago. There is no transgender law on the books and the districts crime stats have gone down since he's been in the office he won twice at the polls.

[Ted]

I see Media Matters emailed you your talking points on this one.

[Joe Friday]

"Something very important was supposed to take place last Thursday, the day Gov. Ron DeSantis tried to murder democracy.

Hillsborough County State Attorney Andrew Warren was set to announce a huge victory for crime-hating, peace-loving seekers of justice everywhere. Instead, Warren was escorted from his office by a sheriff’s deputy and replaced as the chief prosecutor in the 13th Judicial Circuit, even though he’d been elected twice.

That bears repeating. The people of the 13th Judicial Circuit twice voted Andrew Warren into office. DeSantis decided to order him out.

'This political stunt should scare anyone who believes in our democracy,' Warren said during a Friday morning conference call with opinion page editors from across the state. 'It’s a flagrant abuse of power. It’s a flagrant violation of the most fundamental American value that people elect their leaders. That’s how democracy works.'

Back to Warren’s huge victory. The State Attorney’s Conviction Integrity Unit exonerated a man, Robert DuBoise, in 2020. DuBoise was released from prison after 37 years. He had been wrongfully convicted of rape and murder.

That exoneration led to a multi-year investigation that has now led to indictments against the two men who actually killed the victim. Warren’s office cleared the wrongfully convicted guy and identified the real rapists and killers.

But that’s not all. They also uncovered that these same two men now being charged also committed another rape and murder that had gone unsolved for nearly 40 years.

If that’s not absolute proof that conviction integrity units are needed in every prosecutor’s office, then I don’t know what is.

But instead of being lauded for getting rapists and killers off the streets and for releasing an innocent man, Warren was unceremoniously suspended by a governor who has now successfully overthrown the results of a fair and free election.

The timing was no accident.

'It’s really unfortunate that the governor’s political sideshow potentially took crime as a casualty,' Warren said, adding that the governor has jeopardized their ability to prosecute two people for a 39-year-old cold case therefore denying peace to the families of the victims. 'This is just unconscionable.'

DeSantis basically fired Warren from office for what he said was Warren’s disregard for his duty to enforce state laws. DeSantis pointed to two letters that Warren signed along with prosecutors across the country who vowed not to prosecute people who 'seek, provide, or support abortions' and condemned efforts to restrict gender-affirming health care.

But here’s the kicker. Warren has not been faced with any cases that fall into those two categories. There is no law on the books pertaining to gender-affirming health care in Florida and the 15-week abortion ban is being challenged in court after a state judge ruled it unconstitutional.

'This should terrify everyone,' Warren said. 'Let’s be clear. This is not about what I’ve done. This is about what I’ve said.'

Warren added that he would evaluate cases brought to his office on their merit.

DeSantis appointed Susan Lopez, a county judge — not even a circuit judge — to replace Warren. It should come as no surprise that DeSantis appointed Lopez to the bench in 2021. Meaning she has never won any election.

And if you’re wondering, yes, she backed Warren’s Republican opponent in 2016.

John A. Torres is engagement editor of Florida Today."

[Ted]

More treasoncrat bullshit.

[Liberty Lover]

According to the law he did not.

[Liberty Lover]

Biden oversteps his authority by going after political rivals. That he didn't know is a lie. Alan Dershowitz called it a blow to the Constitution. No other president in US history has ever went after his predecessor. Only communist, fascists and banana republic dictators do this kind of stuff.
How much has the political prosecution of Trump cost the taxpayers in the last 6 years?

[Terry Anne Lieber (Don't Feed Tony)]

"How much has the political prosecution of Trump cost the taxpayers in the last 6 years?"
That's an interesting point, yesterday I was thinking about the exact same thing. Just think about it: what's the main goal of justice? By and large, it is to stop criminals from committing further crimes, but also, to compensate the victims. If President Trump really was a criminal, as Team Blue is claiming from the get-go, what could have been his worse, actual crime? According to them, not paying his taxes. Even if that'd be the case, they must have spent that alleged "missing tax revenue" many times over by now on trying to prosecute him. Which means that their claims are bogus on so many levels that it is hard to count. That's an interesting side note that should be repeated to voters day and night.

Another interesting take is this: even if President Trump did avoid paying some of his taxes (legally, of course), he was still a businessman who created jobs for countless other citizens, thus increasing tax revenues indirectly. Now compare this to his political opponents: all career politicians who never worked a single day in their lives, and all of them living off of taxpayer money, bribes, as well as insider trading in various different proportions. How on earth would an actual businessman be worse than a politician on any given day of the year? That's clearly an impossibility, and everyone past econ101 understand this.

[raspberrydinners]

Cost?

Not prosecuting the blatant criminal and traitor has cost us our faith in our government.

There's no price that could be put on that. But I wouldn't expect any less of a bullshit argument from a fascist.

[Ted]

You’re confused. Trump has not discernibly committed any real crime. Biden is an obvious criminal.

Case closed.

[damikesc]

Trump made the Deep State behave like the fascists they are?

Did he wear a short skirt and deserve to be raped too?

[Uomo Del Ghiaccio]

I don't see that the case was made. Poor article that was written to express an opinion and pretends to make the case. DeSantis may be inconsistent, but still working within his authority. If a governor should have the authority is a another question. This is a poor example of an article.

[ThomasD]

" If a governor should have the authority is a another question. This is a poor example of an article."

Every political entity in a US State is a creature of that State. So somebody in State government will have that authority. Exactly who is indeed specified within the respective constitution, and voters presumably choose accordingly.

It's not so much poor as it is embarrassing. Their 'prized' intern just demonstrated that he needs to go back to high school for some remedial civics lessons.

[Terran]

If only they taught civics in high school.

[raspberrydinners]

This is just another day in the fascist land they want to bring about. There's nothing they won't do in pursuit of power.

[Its_Not_Inevitable]

Wait. Which Party are you talking about now?

[Livemike]

Why the hell are prosecutors and judges elected in any case? It's not exactly a recipe for impartial justice. If the guy prosecuting my case has to _appear_ to favor something or lose his job, that's not good. I'd rather have someone who has to explain his actions to one person who might actually listen than to an electorate that certainly won't.

[Think It Through]

He didn't overstep his authority, but I don't care if he overstepped his authority.

A governor legit removing a progressive cancer prosecutor > A governor illegit removing a progressive cancer prosecutor > A governor leaving a progressive cancer prosecutor in place.

It's just math.

[JohnZ]

It wasn't all about abortion rights or tranny rights, there was clearly a prejudice against bringing charges against rioters and other criminals.
This is no different than the situations in other cities where Soros owned D.A.s have literally turned those cities upside down and made them totally unlivable. Dangerous felons are cut loose with no-bail bond and ultimately commit worse crimes.

[Alienate]

Is this article another Reason to NOT read Reason?

[Winston in Wonderland]

The article contradicts its own headline. According to the article, neglect of duty is grounds for dismissal. Blatantly refusing to enforce the law is pretty-much the definition of neglect of duty.

"Article 4, Section 7 of the Florida Constitution allows the governor to suspend local officials for "malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony"

[Make Guantanamo great again]

With articles like this one, Reason magazine will go the way of the dodo. You people should think about your market and target audience. Becoming a clone of Vox will not work for you.

[JohnZ]

Expect an FBI raid on DeSantis' home any day now.

[Scott M Sykes]

As Winston In Wonderland states "Article 4, Section 7 of the Florida Constitution allows the governor to suspend local officials for "malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony"
Any other reason is just a fabrication by the Left and George Soros to try and protect his bought piece of property in Tampa. If a DA REFUSES AND EVEN PUTS OUT LETTERS THAT HE WILL NOT PROSECUTE THOSE WHO VIOLATE THE ABORTION AND OTHER LAWS THAT THE LEGISLATURES SIGNED INTO LAW then that pansy POS needs to go. Oops, did I step on your Snowflake toes? Good! Because remember IT IS NOT A "DON'T SAY GAY BILL" but you will continue with your unintelligent slogan won'tcha?
Keep drinking the Kool Aid Jones kids your daddy is waiting on the other side for you.