DeSantis & Warren

[Carborendum]

I thought I'd explain what is happening in Florida with DeSantis and the State Attorney Andrew Warren.  Headlines are giving a very incomplete picture of the actual actions, powers/authority, and causes.  Primarily, the fact that liberals are crying out that this is an "illegal overreach" is false.  While one may legitimately raise the question of it being a "politically motivated" move vs a legitimate "rule of law" move is in the eye of the beholder, it is in no way "illegal."

DeSantis had asked for his office to research any prosecutors who were failing to prosecute "certain crimes." While the list of crimes were not completely enumerated on any site I've reviewed, DeSantis explained that the "research" was about the SAs who decide that they alone will decide what will and will not be prosecuted.  The governor provided three examples:  Petty theft, and when Warren made a public statement that he would not enforce any "right-to-life" laws (abortion) or transgender mutilation.  Liberal media were quick to pounce on these woke issues as if they were the only thing that it was about.  Not so.  

The governor's office implied that the assignment to his team was to look at any activity that caused frustration to law enforcement.  The announcement at the press conference included many senior LEOs who were ready to criticize Warren for letting people go for social reasons rather than jurisprudence.  I have difficulty believing that LGBTQ or abortion were the primary focus here.  I don't see how that causes grief to any law-enforcement officer.  It was most likely about the biggies: murder, theft, assault, etc.

But even so, doesn't the SA have the discretion to decide "priorities" regarding which laws are causing the greatest problems for their jurisdiction?  Absolutely.  With limited time and resources, the DAs, SAs, and AGs all have such discretion.  But any such discretion is subject to checks and balances.  Likewise, the governor doesn't have complete authority to remove any duly elected official from office without cause.  There must be a check on his authority as well.

Warren made a public statement saying that he flat-out will not "criminalize reproductive health decisions."  It is one thing to determine priorities due to limited resources to "prosecute."  It is another to "decide what is considered a crime."  The latter is the purview of the legislature.  His position per his public statement indicates he's taking it upon himself to determine what is considered a crime.

Because of the record that the Governor's office compiled, DeSantis applied the following power vested in the governor per the State Constitution:

Quote

SECTION 7. Suspensions; filling office during suspensions.—

(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or 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. The suspended officer may at any time before removal be reinstated by the governor.

(b) The senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the senate may be convened in special session by its president or by a majority of its membership.

(c) By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these powers are vested elsewhere by law or the municipal charter.

 -- Article IV, Section 7, Florida State Constitution.

This suspension by the governor is subject to review by the state Senate per sub-section (b) above.  This is the check against a rogue governor.  So, Warren basically gets his day in court (the Senate).  So, the statements by liberals crying about abuse of power by the governor doesn't really hold water.

DeSantis stated that he has compiled Warren's prosecutorial record and found it very disturbing.  While we haven't seen that record, the Senate will have the record presented to them as that trial proceeds.

In fairness, I believe in things like "jury nullification."  And I also believe that any elected official has the right to nullify any laws he sees as unjust.  But this has to have limits.  Hence, the process as outlined in the state constitution places checks and balances to prevent it from going too far.

Edited August 5, 2022 by Carborendum

[Carborendum]

Latest update:

Warren is now rebutting that DeSantis has suspended him for merely "saying" what he would do.  He hasn't even done anything yet.  So, basically DeSantis is violating Warren's right to freedom of speech.

This is a thin line.  Yes, he hasn't actually DONE anything wrong yet.  He has merely announced that he would when the situation comes up.  I don't remember the legal term.  But there are laws that criminalize "planning" the crime for some crimes.  I don't know if this would fall into that category.  So, Warren may have a point.  And if that is all there is, DeSantis is probably going to lose some political capital here.

However, DeSantis may still have other things he was referring to when he suspended Warren for "woke law enforcement."  But he hasn't made that public AFAIK.  We'll see how this all unfolds.