A federal judge has denied a motion by attorneys for Gov. Ron DeSantis to dismiss claims by suspended prosecutor Andrew Warren that Warren’s ouster violated his First Amendment rights.
The Sept. 19 action by Judge Robert Hinkle of the Northern District of Florida means a trial will proceed over whether DeSantis’ firing of Warren, an elected state attorney, was legal. But Hinkle also denied Warren’s request for a preliminary injunction against the suspension – a move that would have reinstated him to his position in Tampa.
“We are pleased that the court denied Andrew Warren’s request for a preliminary injunction,” Bryan Griffin, the governor’s press secretary, told the Florida Record in an email. “The governor is entrusted by the people of Florida to utilize his constitutional powers and may suspend elected officials in Florida who refuse to enforce the law.”
In a motion to dismiss Warren’s lawsuit, DeSantis’ attorneys argued that a published vow by the suspended prosecutor not to promote the criminalization of “gender-affirming health care or transgender people” demonstrated Warren’s belief that he could defy laws passed by the state Legislature and “nullify in his jurisdiction criminal laws with which he disagrees.”
In a Twitter post, Warren said he was enthusiastic about making his case at an upcoming trial.
“We look forward to a trial on the merits,” he said. “And, as the judge said, we especially look forward to the governor having to come into court – where facts and truth matter – and try to justify what he did.”
Warren argues that he was simply speaking his mind on a matter of public policy and that he has prosecutorial discretion in how to enforce state laws.
A report submitted to the court from both parties’ attorneys indicates that a major point of contention will involve whether Florida’s “apex doctrine” would lead to DeSantis testifying in person at the trial. The doctrine says the head of a public agency should not be subject to a deposition unless the opposing sides have exhausted all other sources to obtain relevant information, according to the Florida Bar.
“(The) plaintiff expects to depose (the) defendant,” the report states. “Defendant will assert the apex doctrine and executive/deliberative process privileges in response to any attempt to compel (the) defendant’s testimony; however, defendant would be willing to produce a designated representative consistent with the Federal Rules of Civil Procedure. …”