DeSantis is suspending State Attorney Andrew Warren

8,534 Views | 92 Replies | Last: 2 yr ago by Get Off My Lawn
TheEternalPessimist
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Im Gipper said:

Congrats on the Pyrrhic victory Andrew!


In other words -- DeSantis won and turncoat Ron lost.

Ags77
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President DeSantis 2024
Rapier108
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The 1st Amendment doesn't protect you from getting in trouble if you say stupid **** when on the job, or when acting as the official representative of your employer, even if it is the government.
Im Gipper
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Update:


I'm Gipper
richardag
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fooz said:


Suspending means? Can this State Attorney get his job back, hope not?

Is this the first step in firing this attorney? By announcing he will not follow his obligations shouldn't he be fired and lose any retirement benefits from the state?

ETA: aTmAg already asked, sorry I am so far behind in the discussion
Among the latter, under pretence of governing they have divided their nations into two classes, wolves and sheep.”
Thomas Jefferson, Letter to Edward Carrington, January 16, 1787
Im Gipper
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That tweet is from months ago. He tried to get his job back and failed.

The update is that Supreme Court hammered him again

I'm Gipper
richardag
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Im Gipper said:

That tweet is from months ago. He tried to get his job back and failed.

The update is that Supreme Court hammered him again
Thank you for the information.
Among the latter, under pretence of governing they have divided their nations into two classes, wolves and sheep.”
Thomas Jefferson, Letter to Edward Carrington, January 16, 1787
ts5641
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Another win for DeSantis! I guess Trump won't be posting this on TS or if he does, would anyone know?
HTownAg98
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Im Gipper said:

Congrats on the Pyrrhic victory Andrew!



Eleventh Circuit says "yeah, no, DeSantis violated his first amendment rights." Vacated and remanded. And so it goes on.
https://storage.courtlistener.com/pdf/2024/01/10/andrew_h._warren_v._ron_desantis.pdf
ts5641
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HTownAg98 said:

Im Gipper said:

Congrats on the Pyrrhic victory Andrew!



Eleventh Circuit says "yeah, no, DeSantis violated his first amendment rights." Vacated and remanded. And so it goes on.
https://storage.courtlistener.com/pdf/2024/01/10/andrew_h._warren_v._ron_desantis.pdf
And yet the judge by his own statement, has no standing to do anything. **** off federal judge!
Antoninus
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Quote:

Quote:

Eleventh Circuit says "yeah, no, DeSantis violated his first amendment rights." Vacated and remanded. And so it goes on.
And yet the judge by his own statement, has no standing to do anything. **** off federal judge!
Weird. I thought that remedies for Constitutional violations by State governments was one reason that we even HAVE federal courts. Is he saying that it is SCOTUS original jurisdiction or something?

ETA:

Researched it. Second poster above was just wrong. It was the LOWER court that said it "had no standing to do anything," sort of. The appellate court said that ruling was wrong and remanded for further proceedings.

Back when this happened, I questioned the constitutionality of the Florida statue which authorized DeSantis' actions. To me, it appears that there is no question DeSantis follow the law. The question is whether the law passes constitutional muster.
dreyOO
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ts5641 said:

HTownAg98 said:

Im Gipper said:

Congrats on the Pyrrhic victory Andrew!



Eleventh Circuit says "yeah, no, DeSantis violated his first amendment rights." Vacated and remanded. And so it goes on.
https://storage.courtlistener.com/pdf/2024/01/10/andrew_h._warren_v._ron_desantis.pdf
And yet the judge by his own statement, has no standing to do anything. **** off federal judge!

Sounds like a solid lawfare victory to me! Kudos to Ron!
Get Off My Lawn
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Antoninus said:

Quote:

Quote:

Eleventh Circuit says "yeah, no, DeSantis violated his first amendment rights." Vacated and remanded. And so it goes on.
And yet the judge by his own statement, has no standing to do anything. **** off federal judge!
Weird. I thought that remedies for Constitutional violations by State governments was one reason that we even HAVE federal courts. Is he saying that it is SCOTUS original jurisdiction or something?

ETA:

Researched it. Second poster above was just wrong. It was the LOWER court that said it "had no standing to do anything," sort of. The appellate court said that ruling was wrong and remanded for further proceedings.

Back when this happened, I questioned the constitutionality of the Florida statue which authorized DeSantis' actions. To me, it appears that there is no question DeSantis follow the law. The question is whether the law passes constitutional muster.
Violate vs reinstate. The leftist's primary grievance was being removed from a job he was intentionally sabotaging. He then whines about a free speech violation. The federal judge agreed with the whining, but that doesn't gift him back the job.
Antoninus
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And the appellate court cannot procedurally reinstate him at this time bc the district court dismissed the case too soon. I do not think that the 11th ruling precludes reinstatement as a potential remedy in District Court, but I've not yet read the full opinion.

i've never seen anything to indicate that DeSantis is not a competent attorney, and any competent attorney should have questioned the constitutionality of that statute before using it. it was a purely political move. It will be interesting to see how this plays out.
Rapier108
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I'd love to know how they are using the 1st amendment since freedom of speech does not apply to the workplace.

If I told my employer I wouldn't do something, I'd get fired.

His job is to enforce state law. He does not get to pick and choose which laws he wants to enforce and which ones he will ignore. Nothing but a typical little leftist ***** and the feds need to stay out of it.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
LOYAL AG
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Antoninus said:

And the appellate court cannot procedurally reinstate him at this time bc the district court dismissed the case too soon. I do not think that the 11th ruling precludes reinstatement as a potential remedy in District Court, but I've not yet read the full opinion.

i've never seen anything to indicate that DeSantis is not a competent attorney, and any competent attorney should have questioned the constitutionality of that statute before using it. it was a purely political move. It will be interesting to see how this plays out.


How exactly does he determine the constitutionality of the law in question without using it and seeing what happens in court? I'm certain he talked to the governor's counsel or state attorney or whoever he needed to confer with before going forward and was told they could win this fight. Like you said he didn't break the law, now let's see if the law is constitutional.

That aside how on earth is the first amendment relevant? You were elected to do a job and have refused to do it. Not failed, refused. Then you grandstand about your refusal so we don't give you the benefit of the doubt and conclude you're incompetent. Your opinion of the laws in question is second to the fact that they exist and it's your job to enforce them. Do your job or don't run for that office. This isn't hard. This became political when Soros started sponsoring leftist DA that refused to enforce the law.
The federal government was never meant to be this powerful.
Henriques
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If you fail to perform your duties as a State Attorney here in Florida, then the Governor has the right to remove you.

This gentleman has all the right in the world to wait for a time when a Democrat can sneak in as Governor and ignore prosecution of criminal offenses. Then he will be in a climate where he can operate and stand up for the criminal element as he and other Democrats nationally seek to do.

For a Democrat, incompetence is a valued attribute in a State Attorney.

For DeSantis, it will get you removed from office.
aggiehawg
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Quote:

i've never seen anything to indicate that DeSantis is not a competent attorney, and any competent attorney should have questioned the constitutionality of that statute before using it. it was a purely political move. It will be interesting to see how this plays out.
What? Exactly how can the constitutionality be reviewed by courts without testing it? That's the whole point of test cases such as Roe v. Wade.
Faustus
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BMX Bandit said:

Zarathustra said:


Are you being naive on purpose? If Abbott doesn't have the political power to influence a prosecutor within his state then that definitely means we need a new governor. Or a new political party.

I think you have a fundamental misunderstanding of how Texas government is set up.

A district attorney in Texas is not a part of the executive branch of government. Abbott has no power over them.

What is it you think he should do to influence them? And if that doesn't work, then what?


Tik Tok vids?
Jeeper79
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Rapier108 said:

I'd love to know how they are using the 1st amendment since freedom of speech does not apply to the workplace.

If I told my employer I wouldn't do something, I'd get fired.

His job is to enforce state law. He does not get to pick and choose which laws he wants to enforce and which ones he will ignore. Nothing but a typical little leftist ***** and the feds need to stay out of it.
From what I read, he verbally disagreed but never stopped enforcing the law. He still did his job, leaving his words as the reason he was punished.
one safe place
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annie88 said:

BusterAg said:

So, can he suspend like half the FBI when he wins in 2024?

Because that would be awesome.


As well as the CIA and the DOJ.

They are all Weaponized as Nazi propaganda for the DNC now.
Yep, uniforms should be brown shirts with red arm bands
Antoninus
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LOYAL AG said:

Antoninus said:

And the appellate court cannot procedurally reinstate him at this time bc the district court dismissed the case too soon. I do not think that the 11th ruling precludes reinstatement as a potential remedy in District Court, but I've not yet read the full opinion.

i've never seen anything to indicate that DeSantis is not a competent attorney, and any competent attorney should have questioned the constitutionality of that statute before using it. it was a purely political move. It will be interesting to see how this plays out.
How exactly does he determine the constitutionality of the law in question without using it and seeing what happens in court? I'm certain he talked to the governor's counsel or state attorney or whoever he needed to confer with before going forward and was told they could win this fight. Like you said he didn't break the law, now let's see if the law is constitutional.
If an elected official does not believe a law passed by the legislature will pass Constitutional muster, I see no reason that he would be REQUIRED to invoke that statute. As you say, "this isn't hard" to understand.
Quote:

That aside how on earth is the first amendment relevant? You were elected to do a job and have refused to do it. Not failed, refused. Then you grandstand about your refusal so we don't give you the benefit of the doubt and conclude you're incompetent. Your opinion of the laws in question is second to the fact that they exist and it's your job to enforce them. Do your job or don't run for that office. This isn't hard. This became political when Soros started sponsoring leftist DA that refused to enforce the law.

The "Soros Bogeyman" argument. It is sad ... rather like the Left whining about the Koch brothers for two decades. A rich, successful man is using his resources to influence the political process, rather than wasting it on yachts and private jetliners. Scary.

It was stupid when the Left whined about the Kochs, and it is equally stupid now that the Right is whining about Soros.
Get Off My Lawn
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Antoninus said:

LOYAL AG said:

Antoninus said:

And the appellate court cannot procedurally reinstate him at this time bc the district court dismissed the case too soon. I do not think that the 11th ruling precludes reinstatement as a potential remedy in District Court, but I've not yet read the full opinion.

i've never seen anything to indicate that DeSantis is not a competent attorney, and any competent attorney should have questioned the constitutionality of that statute before using it. it was a purely political move. It will be interesting to see how this plays out.
How exactly does he determine the constitutionality of the law in question without using it and seeing what happens in court? I'm certain he talked to the governor's counsel or state attorney or whoever he needed to confer with before going forward and was told they could win this fight. Like you said he didn't break the law, now let's see if the law is constitutional.
If an elected official does not believe a law passed by the legislature will pass Constitutional muster, I see no reason that he would be REQUIRED to invoke that statute. As you say, "this isn't hard" to understand.
Quote:

That aside how on earth is the first amendment relevant? You were elected to do a job and have refused to do it. Not failed, refused. Then you grandstand about your refusal so we don't give you the benefit of the doubt and conclude you're incompetent. Your opinion of the laws in question is second to the fact that they exist and it's your job to enforce them. Do your job or don't run for that office. This isn't hard. This became political when Soros started sponsoring leftist DA that refused to enforce the law.

The "Soros Bogeyman" argument. It is sad ... rather like the Left whining about the Koch brothers for two decades. A rich, successful man is using his resources to influence the political process, rather than wasting it on yachts and private jetliners. Scary.

It was stupid when the Left whined about the Kochs, and it is equally stupid now that the Right is whining about Soros.
Scoff at reality all you want - doesn't change that he's pumped a ton on money into soft-on-Democrat-crime DA's and these DAs have been (shocker) soft on crime. I say throw RICO charges at the lot of them and let ethical replacement DAs sort the mess out.
 
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