Maddowblog: Why Florida's Ron DeSantis suspended an elected state attorney

[SharonClark]

Many posts on this topic but this article offers a bit more.

In Florida, Gov. Ron DeSantis has already imposed abortion restrictions. But after the U.S. Supreme Court overturned Roe v. Wade, the Republican governor vowed to go further and "expand" restrictions on reproductive rights.
. . .
There are a few angles to this that are worth keeping in mind.

First, in reality, prosecutors routinely exercise discretion over the kinds of cases they and their offices will pursue. To hear DeSantis tell it, Warren was simply sitting on his hands, indifferent to crimes. But this is a situation in which an elected state attorney and an ambitious Republican governor differed over prosecutorial priorities, which is a far cry from “a neglect of duty.”

A Tampa Bay Times report added, DeSantis’ order suspending the state attorney "does not cite any specific examples of Warren not prosecuting individual cases, pointing instead to Warren’s public comments on abortion, transgender issues and office policies Warren has adopted."

Second, DeSantis has been accused of authoritarian pursuits, and this morning’s move probably won’t help in that regard. After all, the people of Hillsborough County elected Warren more than once. The governor could’ve tried to help elect a rival candidate in the next election, but instead, DeSantis took it up on himself to suspend the prosecutor and install someone that he likes better.

In effect, the governor told Hillsborough County voters, “Sure, you may have chosen a state attorney through the democratic process, but I think I know better.”

And third, it seems easy under the circumstances to think DeSantis fired the prosecutor in the hopes of enforcing the kind of abortion policies the governor generally doesn’t like to talk about.

https://www.msnbc.com/rachel-maddow-show/maddowblog/floridas-ron-desantis-suspended-elected-state-attorney-rcna41558?cid=eml_maddow_20220804&user_email=c5f9b0df177e6400ae9b464339eb89199d634c7b7fa3541aaa108b0ef11699c2&utm_source=Sailthru&utm_medium=email&utm_campaign=TRMS%208/4/22&utm_term=Rachel%20Maddow%20Show

[SheltieLover]

1. Kicking for visibility

[jimfields33]

3. Not that it's the right thing to do, but every democratic governor better do the same

With these rural areas that ignore guns laws the state passed. What’s good for the goose and all.

[dalton99a]

2. Kick

[okaawhatever]

4. Scary. DeSantis is the devil. nt

[Skittles]

5. DeSantis is a fasicst piece of shit

he is disgusting

[DENVERPOPS]

6. He is just walking

in the footsteps of Trump, his mentor......

[Evolve Dammit]

7. Agree. Limbaugh started the "model" for hate radio which spawned hundreds of copiers. Drumpf

has done the same with his insanity aided by millions of delusional or intentional liars. This will last a looong time unless DOJ kicks some serious ass and we have real accountability for the coup.

[Rebl2]

8. Wonder what

his relationship to putin is like. He’s just another putin puppet.

[bill]

9. Kicked!

[Warpy]

10. I think this comes under the heading "He can't do that."

Trying to fire any elected official he doesn't like is the first step to firing other elected officials he doesn't like, from school board members to legislators.

Nuh-uh, de Satan, you've gone a fascist step too far. You're not working for Batista, no matter what your daddy told you. We have different rules in the US.

[FBaggins]

11. He can't directly "fire" - but he can suspend without pay and replace

So essentially the same thing. I think the state senate has to vote on a firing.

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.

http://www.leg.state.fl.us/statutes/index.cfm?submenu=3#A4

[Warpy]

12. Looks like he's got to prove at least one of those

and he can't possibly do that.

The lawsuit is going to be really juicy.

[FBaggins]

13. He has to prove it to himself

He's the one with the power to declare the suspension.


and he can't possibly do that.

Of course he can.

The state passes a law and an SA says that he won't enforce it. That's a textbook definition of "neglect of duty".

We might not agree... but the appeal of that decision is to the state senate (which can reinstate the SA).

[Warpy]

14. First, the law hadn't been passed yet

Second, a case violating it hadn't come up.

Ball's in his court, I'd say.

[FBaggins]

15. You may be thinking of another law

The executive order listed some that had been passed months ago and also connected some of his recent statements to longstanding state law.

A case doesn't have to come up if the SA explicitly says that he will not enforce the law. In fact, such a claim would be circular since he has the power to keep a case from coming up.

[sakabatou]

16. I hope throws DeSatan out.