'Mr. Warren’s well-established policy, followed in every case by every prosecutor in the office, was to exercise prosecutorial discretion at every stage of every case,' the judge said. 'Any reasonable investigation would have confirmed this.'
DeSantis suspended Warren on Aug. 4 in a stunning announcement that surprised even the former state attorney, who was escorted out of his office by an armed deputy. The governor said the suspension was based on two joint statements from a progressive prosecutors' organization that Warren signed vowing not to prosecute women who seek abortions or transgender people who seek gender-affirming healthcare.
He also pointed to policies in which Warren told assistant prosecutors not to pursue charges in most cases that arise out of a bicycle or pedestrian stop after aand academic study determined such stops disproportionately burdened Black residents. Another policy DeSantis pointed to instructed his assistants not to pursue certain low-level, nonviolent charges — an increasingly common practice in a criminal justice system backlogged with cases and plagued by bias against marginalized communities.
“That has undermined public safety. It has really hurt these communities. It has been devastating to the rule of law,” DeSantis said at the time. Warren filed suit Aug. 17, alleging the governor violated his right to free speech. He asked the court to determine whether the governor improperly exercised his power and, if so, reinstate him to power. Hillsborough voters first elected Warren in 2016 and again in 2020. He ran as a Democrat on a platform to reform the criminal justice system.
Representatives for both Warren and DeSantis did not immediately return requests for comment Friday. On Twitter, DeSantis spokesman Bryan Griffin called the ruling,"A win for the governor and a win for the people of Florida."
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