Andrew Warren’s letter calls for Governor DeSantis to reinstate him following a federal court ruling.

TALLAHASSEE, Florida. Former Hillsborough County State Attorney Andrew Warren called on Governor Ron DeSantis to “reinstate me as the legitimately elected Hillsborough County Attorney for the remainder of my four-year term without further delay.”

Warren’s request was in a letter to Governor DeSantis, sent just days after a federal judge ruled that his court did not have the authority to reinstate Warren, despite the removal violating Florida’s constitution.

Last year, DeSantis removed Warren from office due to prosecutor-elect signing statements saying he would not prosecute individuals seeking or providing abortion or gender reassignment treatments, and a policy of not charging people in some minor crimes.

Warren, a twice-elected Democratic state attorney in Hillsborough County, which includes Tampa, is suing the governor in federal court to get his job back.

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In a statement that accompanied his letter, Warren said that after the judge sided with him on the law, DeSantis should reinstate him.
“When the Governor and I were sworn in, we both laid hands on the Bible and swore to uphold the laws of Florida and the United States,” Warren said in a statement. “Now a federal judge has ruled that I did my part and that the governor has violated his oath. This is an opportunity for the governor to do the right thing and show that his oath to uphold the law was not an empty phrase.”

Judge Hinkle’s decision largely aligns with Warren’s argument, but he believes the case is effectively a state case that cannot be decided by a federal judge.

From Judge Hinkle’s ruling:

“The Governor violated the First Amendment by using Mr. Warren’s speech on matters of public interest – four FJP policies except for one sentence – as motivating factors in the decision to remove him from office.

The Governor violated the First Amendment by using Mr. Warren’s connection to the Democratic Party and alleged connection to Mr. Soros as motivating factors in his decision. But the governor would still make the same decision without even considering these things. The First Amendment violations were not material to the outcome and thus do not entitle Mr. Warren to relief in this suit.

The suspension also violated the Florida Constitution, and this violation did affect the outcome. But the Eleventh Amendment prohibits a federal court from making declaratory or injunctive relief against a state official solely on the basis of a violation of state law.”

Governor DeSantis charged Warren with incompetence and dereliction of duty, alleging that the prosecutor chose which laws to apply by citing in his executive order a waiver of prosecution for crimes such as “trespassing, disorderly conduct, disorderly conduct while intoxicated, and prostitution”.

For his part, Warren used DeSantis’ words to end his letter.

“While we may still disagree on policy, let’s show the nation together that you will honor your oath and that you believe what you said the day I announced my suspension: that the state of Florida continues to be a government of law, not a government of the people,” Warren wrote.

Read the letter in full here:

Letter from Andrew Warren to the government… from ABC Action News

Gov. DeSantis’ office released a statement Wednesday afternoon saying the Florida Senate should decide Warren’s fate.

Andrew Warren, like no one else, must understand the difference between legal dictates and enforcement of a court decision.

The failures that caused the suspension were Mr. Warren’s actual actions, not his defense, as a reform prosecutor.

Mr. Warren signed a declaration refusing to prosecute the laws of the land. Thus, the governor removed Mr. Warren for neglect of office and incompetence. Public prosecutors cannot choose which laws to apply.

In its lengthy opinion, the Court attempted to usurp the Florida Senate’s constitutional authority to rule on Mr. Warren’s dereliction of duty and incompetence. It is the Florida Senate that should rightfully act as the final fact-finder in this case.

We do not agree with the Court’s findings, which are mere opinions and we do not need to refer to them, as the Court ultimately determined that it had no jurisdiction and thus ruled in favor of the Governor. Mr Warren is still removed from a position he did not hold.

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